Day v. Sierra Services, LLC

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

STIPULATION and Proposed Order re: Conditional Certification and Notice by Sheldon Day.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHELDON DAY, Individually and On § Behalf of All Others Similarly Situated, § § No. 5:19-cv-00066 Plaintiff, § § v. § § SIERRA SERVICES, LLC, § § Defendant. § STIPULATION AND PROPOSED ORDER RE: CONDITIONAL CERTIFICATION AND NOTICE 1. The parties agree to conditional certification and the issuance of notice to 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 years. 2. The parties agree that Sheldon Day is the class representative. 3. The parties agree that Moore & Associates is class counsel. 4. The agreed notice is attached as Exhibit A. 5. Defendant through Defendant's counsel will provide to class counsel within 15 days of the date of this Order the following information for each class member: (1) full name; (2) personal and/or work email address; and (3) last known mailing address. 6. The agreed notice will be sent by mail and personal and/or work email at class counsel's expense within 10 days of the receipt of the information described in the preceding paragraph. 7. Potential plaintiffs will have 60 days from the date of mailing of the notice to opt-in to this case. 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 notice was provided, within 10 days of sending such notices. 8. A reminder notice that is identical to the agreed notice may be sent to each potential plaintiff 30 days prior to the end of the opt-in period by mail or personal email or both. 9. Other than the official notice, the parties will not affirmatively act to encourage or discourage participation. 10. Consent forms must be filed within 10 days of the expiration of the 60- day period referenced in Paragraph 7. 11. This stipulation does not affect Defendant's right to seek decertification of the class or summary judgment on any issue of law or fact, and shall 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 case is appropriate for collective action treatment. -2- Respectfully Submitted, Respectfully Submitted, MOORE & ASSOCIATES CHASNOFF MUNGIA PEPPING & STRIBLING, LLP By: Melissa Moore By: /s/ Blake W. Stribling *with permission MAM Curt Hesse Blake W. Stribling State Bar No. 24065414 State Bar No. 24070691 Bridget Davidson Adam C. Kiehne State Bar No. 24096858 State Bar No. 24054926 440 Louisiana Street, Suite 675 1020 N.E. Loop 410, Suite 150 Houston, Texas 77002 San Antonio, Texas 78209 Telephone: (713) 222-6775 Telephone: 210-469-4155 ATTORNEYS FOR DEFENDANT ATTORNEYS FOR PLAINTIFF SO ORDERED this _____ day of __________________________ in the year 2019 at Houston, Texas. Fred Biery United States District Judge -3-