Day v. Sierra Services, LLC

Western District of Texas, txwd-5:2019-cv-00066

ORDER GRANTING CONDITIONAL CLASS CERTIFICATION AND NOTICE. Signed by Judge Henry J. Bemporad.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION တ SHELDON DAY, Individually and on Behalf of All Others Similarly Situated, တ တ တ Plaintiffs, တ တ v. SA-19-CA-66-FB (HJB) တ တ SIERRA SERVICES, LLC, တ Defendant. တ ORDER GRANTING CONDITIONAL CLASS CERTIFICATION AND NOTICE Before the Court is the parties' Stipulation and Proposed Order re: Conditional Certification and Notice (Docket Entry 19). The Court has reviewed the parties' stipulation and generally finds their proposed Order to be appropriate. Accordingly, it is hereby ORDERED as follows: (1) Pursuant to 29 U.S.C. § 216(b), the following class is conditionally certified in this case: All current and former employees and independent contractors working for Sierra Services, LLC who were paid on a day-rate basis and were not paid overtime within the last three (3) years. (2) Defendant must produce to Plaintiff, within fifteen (15) days of the date of this Order, a list in computer readable format of the full names, last known mailing addresses, and personal and/or work e-mail addresses, of all class members identified above in Paragraph 1. (3) The Court approves the form and content of the agreed Notice of Consent attached hereto as Exhibit A. (4) Within ten (10) days of receipt of the information in Paragraph 2 above, class counsel will send the agreed notice by mail and email to all class members, at class counsel's expense. Within ten (10) days of sending the notices, class counsel will provide to counsel for Defendant a list of the individuals to whom they sent notice, including the date and the manner by which the notice was provided. (5) Potential plaintiffs will have sixty (60) days from the date of mailing of the agreed notice to return a consent form opting into this litigation (6) A reminder notice that is identical to the agreed Notice of Consent may be sent to each potential plaintiff thirty (30) days prior to the end of the opt-in period by mail or personal email, or both.' (7) Consent Forms must be filed with ten (10) days of the expiration of the 60-day period referenced in Paragraph 5 above. The parties' stipulation does not affect Defendant's right to seek decertification of the class or summary judgment on any issue of law or fact, and will not be construed as an admission by Defendant that Sheldon Day and the members of the conditional class are "similarly situated" under 29 U.S.C. § 216(b), or that this class is appropriate for collective action treatment. After the opt-in period ends, the Court will set this case for a Phase II Scheduling Conference. SIGNED on July 16, 2019. Henry Il Bemporad United States Magistrate Judge Other than the official notice, the parties will not affirmatively act to encourage or discourage participation from potential Plaintiffs.