Guzman v. Cascade Process Controls, Inc.

Western District of Texas, txwd-5:2019-cv-00162

Proposed Order

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § DANIEL GUZMAN and CHAVALIER § Civil Action No. 5:19-cv-162-FB-HJB ENGRAM, Individually and on behalf § of all others similarly situated, § § Plaintiffs, § JURY TRIAL DEMANDED § v. § § CASCADE PROCESS CONTROLS, INC., § § COLLECTIVE ACTION Defendant. § PURSUANT TO 29 U.S.C. § 216(b) § [PROPOSED] ORDER The parties have agreed on conditional certification and sending notice to the putative class members. Having considered the Agreed Stipulation Regarding Conditional Certification and Notice to Putative Class Members ("Stipulation"), the Court ORDERS conditional certification as follows: 1. The Court conditionally certifies a Putative Class of "All Oilfield Workers who worked for Cascade Process Controls, Inc., at any time from February 1, 2016 through the final disposition of this matter" ("the Putative Class Members"). 2. Defendant will provide the names, last known addresses, e-mail addresses (if known), and last known telephone numbers for the Putative Class Members who worked for Defendant at any time from February 1, 2016 through the final disposition of this matter no later than 14 days following the date of this Order. This information will be provided in a usable electronic format such as Excel, if maintained that way by Defendant. 3. Plaintiffs' counsel will have 21 days from the date of this Order to distribute the Notice and Consent forms to the Putative Class Members. The Notice and Consent Form attached to the Stipulation as Exhibit "A" is the Notice the Court approves to be sent. 4. The Court authorizes Plaintiffs' counsel to send the Putative Class Members an initial Notice and Consent form by (a) regular First Class Mail and (b) e-mail. The Court authorizes Plaintiffs' counsel to send a reminder Notice and Consent form by (a) regular First Class Mail and (b) e-mail 30 days after the initial mailing. 5. The Putative Class Members will have 60 days from the initial mailing of the Notice and Consent form to file the Consent form with this Court to opt-in to the above captioned lawsuit (the "Opt-In Period"). 6. The Court authorizes the Putative Class Members the option to execute their Consent forms online through an electronic signature service such as Adobe Echo Sign. 7. Plaintiffs' counsel must maintain the physical addresses, e-mail addresses, and telephone numbers as confidential records and shall not share the information with any third-party. At the conclusion of the opt-in period, Plaintiffs' counsel must destroy/delete all copies of the information pertaining to any Putative Class Member who did not timely file a Consent form. 8. Plaintiffs' counsel must not use the e-mail addresses for any purpose other than to send an electronic copy of the Court-approved Notice and Consent Form to the Putative Class Members. 9. Plaintiffs' counsel must not use the telephone numbers for any purpose other than to contact a Putative Class Member to request (a) a current physical mailing address in the event that Putative Class Member's initial mailed Notice and Consent form was returned as "undeliverable" without a USPS notice of a new mailing address or (b) an updated e-mail address if the e-mailed Notice and Consent form "bounces back". DONE and ORDERED this _____ day of _____________________, 2019. __________________________________________ HON. FRED BIERY UNITED STATES DISTRICT COURT JUDGE