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BRABHAM v. MEGA TEMPERING & GLASS CORP., 13-CV-54(JG). (2013)

Court: District Court, E.D. New York Number: infdco20130705c24 Visitors: 5
Filed: Jul. 03, 2013
Latest Update: Jul. 03, 2013
Summary: ORDER JOHN GLEESON, District Judge. Magistrate Judge Scanlon issued a Report and Recommendation ("R&R") on June 11, 2013 regarding plaintiffs' motion to have this lawsuit conditionally certified as a collective action and asking for leave to issue a court-authorized notice to potential plaintiffs under the Fair Labor Standards Act. [ECF Nos. 9, 10, 11.] Any objection to the R&R was due no later than June 28, 2013. No objections have been filed. There being no objection to the R&R, it is adopt
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ORDER

JOHN GLEESON, District Judge.

Magistrate Judge Scanlon issued a Report and Recommendation ("R&R") on June 11, 2013 regarding plaintiffs' motion to have this lawsuit conditionally certified as a collective action and asking for leave to issue a court-authorized notice to potential plaintiffs under the Fair Labor Standards Act. [ECF Nos. 9, 10, 11.] Any objection to the R&R was due no later than June 28, 2013. No objections have been filed.

There being no objection to the R&R, it is adopted. Therefore, the following rulings are ordered:

1) Plaintiffs' motion for conditional certification of a collective action under the FLSA is granted; 2) Defendants' motion regarding the notice term such that Plaintiffs must use a three-year notice term is granted; 3) Defendants' motion that Plaintiffs' notice may not use the word "class" is granted; 4) Defendants' motion that Plaintiffs move the right-to-retain language to a different section is denied; 5) Defendants' motion that Plaintiffs must edit the notice and consent forms so that consent forms are returnable to the Clerk of Court for the Eastern District of New York is granted; 6) Defendants are ordered to produce contact information for potential opt-in plaintiffs so that Plaintiffs know where to send notice; 7) The contact information for opt-in plaintiffs shall include the following: (a) potential opt-in plaintiffs' name, job title, address, dates of employment, and location of employment, and (b) potential opt-in plaintiff's email addresses and telephone numbers if Defendants have them; 8) Defendants' motion that they need not produce potential opt-in plaintiffs' birth dates and Social Security numbers is granted; 9) Defendants are ordered to make this production within fifteen days of the District Judge's adoption of this report, if the District Judge indeed adopts this report.

So ordered.

Source:  Leagle

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