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STONE v. TROY CONSTRUCTION, LLC, 3:14cv306. (2015)

Court: District Court, M.D. Pennsylvania Number: infdco20151202e65 Visitors: 7
Filed: Dec. 01, 2015
Latest Update: Dec. 01, 2015
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 1st day of December 2015, it is hereby ORDERED that plaintiff's motion to certify collective action under the FLSA and class action under Rule 23 (Doc. 28) is GRANTED, to the extent that it is hereby ORDERED that: 1. The instant matter is conditionally certified as a collective action pursuant to the FLSA on behalf of all current and former non-exempt employees of defendant who, within the past three years, permanently
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ORDER

AND NOW, to wit, this 1st day of December 2015, it is hereby ORDERED that plaintiff's motion to certify collective action under the FLSA and class action under Rule 23 (Doc. 28) is GRANTED, to the extent that it is hereby ORDERED that:

1. The instant matter is conditionally certified as a collective action pursuant to the FLSA on behalf of all current and former non-exempt employees of defendant who, within the past three years, permanently resided within fifty miles of their worksite and received at least one per diem in a workweek in which they worked over forty hours;

2. The instant matter is certified as a class action pursuant to Rules 23(b)(2) and 23(b)(3) on behalf of all current and former non-exempt, employees of defendant who worked in Pennsylvania and who, within the past three years, permanently resided within fifty miles of their worksite and received at least one per diem in a workweek in which they worked over forty hours;

3. Swartz Swidler, LLC is appointed class counsel and Linda Stone is appointed class representative;

4. Within 21 days of this Order, defendant shall provide to plaintiff, in electronic and importable format, a spreadsheet identifying all class members and containing, in separate columns, each individual's first name, last name, street address, city, state, zip code, and phone number; and

5. The parties shall confer regarding notice and procedures within fourteen (14) days of this Order, and shall submit, within thirty (30) days of this Order, a joint stipulation regarding notice and procedures, or a joint letter highlighting the areas in dispute.

Source:  Leagle

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