Filed: Jan. 15, 2020
Latest Update: Jan. 15, 2020
Summary: ORDER GRANTING JOINT MOTION FOR CONDITIONAL CERTIFICATION OF A FLSA COLLECTIVE ACTION AND APPROVAL OF PROPOSED COLLECTIVE ACTION NOTICE JAMES PATRICK HANLON , District Judge . Before the Court is the parties' Joint Motion for Conditional Certification of a FLSA Collective Action and Approval of Proposed Collective Action Notice. Dkt. [16]. The Court, having reviewed the motion and being duly advised, GRANTS the motion. IT IS THEREFORE ORDERED that: 1. Pursuant to 29 U.S.C. 216(b), th
Summary: ORDER GRANTING JOINT MOTION FOR CONDITIONAL CERTIFICATION OF A FLSA COLLECTIVE ACTION AND APPROVAL OF PROPOSED COLLECTIVE ACTION NOTICE JAMES PATRICK HANLON , District Judge . Before the Court is the parties' Joint Motion for Conditional Certification of a FLSA Collective Action and Approval of Proposed Collective Action Notice. Dkt. [16]. The Court, having reviewed the motion and being duly advised, GRANTS the motion. IT IS THEREFORE ORDERED that: 1. Pursuant to 29 U.S.C. 216(b), thi..
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ORDER GRANTING JOINT MOTION FOR CONDITIONAL CERTIFICATION OF A FLSA COLLECTIVE ACTION AND APPROVAL OF PROPOSED COLLECTIVE ACTION NOTICE
JAMES PATRICK HANLON, District Judge.
Before the Court is the parties' Joint Motion for Conditional Certification of a FLSA Collective Action and Approval of Proposed Collective Action Notice. Dkt. [16]. The Court, having reviewed the motion and being duly advised, GRANTS the motion. IT IS THEREFORE ORDERED that:
1. Pursuant to 29 U.S.C. § 216(b), this matter is conditionally certified as a Fair Labor Standards Act Collective Action with regard to the collective group described as follows: Present and former hourly paid Property Managers who worked for Defendant at any time from November 12, 2016, to present. Plaintiff Marcia Polk will represent the Opt-In Plaintiffs in the FLSA Collective Action.
2. Notice will be sent to the collective group described in paragraph 1 using the approved "FLSA Collective Action Notice," which was attached to the Joint Motion as Exhibit 1.
3. Defendant, by counsel, shall provide Plaintiff's counsel a complete list of the names and addresses of all persons within the collective group described in paragraph 1 within 20 days of the date of this Order.
4. The putative collective members shall have 60 days to return signed Consent to Join forms commencing from the date Plaintiff's counsel mails the Class Action and Collective Action Notices to the putative collective members. Plaintiff's counsel will notify the Court and Defendant of the date of mailing. The Court approves the "Consent to Join" form attached as Exhibit 2 to the Joint Motion to be used by the putative members to opt-in to the action.
5. The Court approves the following agreed-upon notice schedule as summarized forth above:
DEADLINE DESCRIPTION OF DEADLINE
20 Days From Order Defendant to disclose the full names, last
Approving Notice to known addresses, and dates of employment of
Putative Collective the putative collective members. This
Members information shall be produced in a usable
electronic format.
20 Days From Receipt of Plaintiff's Counsel shall send by mail a copy
Contact Information of of the Approved Notice and Consent to Join
Putative Collective Form to the putative collective members.
Members From Defendants
60 Days From Date The putative collective members shall have 60
Notice is Mailed to days to return their signed Consent to Join
Putative Collective forms for filing with the Court. The 60-day
Members period shall commence on the postmark date
of the mailing of the Approved Notice.
Notice shall be considered timely received if
postmarked no later than the end of the 60-day
notice period and filed by Plaintiff's counsel
within seven (7) days after receipt.
6. Defendant will retain the right to seek de-certification of the collective action in the future and nothing in the Joint Motion or this Order will be construed as Defendant waiving any arguments about contesting the future appropriateness of certification and/or the merits of Plaintiffs' claims.
SO ORDERED.
