Guzman v. Cascade Process Controls, Inc.

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

STIPULATION Regarding Conditional Certification and Notice to the Putative Class Members by Daniel Guzman.

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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) § AGREED STIPULATION REGARDING CONDITIONAL CERTIFICATION AND NOTICE TO PUTATIVE CLASS MEMBERS Plaintiffs Daniel Guzman and Chavalier Engram ("Plaintiffs"), individually and on behalf of all opt-in plaintiffs and others similarly situated, and Defendant Cascade Process Controls, Inc. ("Defendant" or "Cascade") (collectively, the "Parties"), enter this Agreed Stipulation Regarding Conditional Certification and Notice to Putative Class Members, and hereby request the Court's approval of the following: 1. Defendant agrees to conditional certification of the Putative Class of "All Oilfield Workers who worked for Cascade Process Controls, Inc., at any time from at any time from February 1, 2016 through the final disposition of this matter" (the "Putative Class Members"). 2. Defendant will provide the names, addresses, and e-mail addresses (if known) for the Putative Class Members who worked for Defendant, at any time from at any time from February 1, 2016 through the final disposition of this matter no later than Stipulation – Conditional Certification Page 1 fourteen (14) days following the Court's granting of the Order for Conditional Certification. 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. A copy of the Agreed Notice and Consent Form is attached hereto as Exhibit "A." 4. Plaintiffs' counsel will send the Putative Class Members an initial Notice and Consent form by (a) regular First Class Mail and (b) e-mail. Plaintiffs' counsel will also 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 Putative Class Members will be given 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. Stipulation – Conditional Certification Page 2 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". 10. This stipulation is entered without prejudice to the right of Defendant to challenge the propriety of collective action status of this matter at any later point in the proceeding. Stipulation – Conditional Certification Page 3 Date: June 10, 2019 Respectfully submitted, ANDERSON ALEXANDER, PLLC By: /s/ Clif Alexander Clif Alexander Texas Bar No. 24064805 clif@a2xlaw.com Lauren E. Braddy Texas Bar No. 24071993 lauren@a2xlaw.com Alan Clifton Gordon Texas Bar No. 00793838 cgordon@a2xlaw.com Carter T. Hastings Texas Bar No. 24101879 carter@a2xlaw.com 819 N. Upper Broadway Telephone: (361) 452-1279 Facsimile: (361) 452-1284 LEICHTER LAW FIRM, PC By: /s/ David G. Langenfeld David G. Langenfeld Texas Bar No. 11911325 david@leichterlaw.com 1602 East 7th Street Austin, Texas 78702 Telephone: (512) 495-9995 Facsimile: (512) 482-0164 Attorneys for Plaintiffs and the Putative Class Members THE MOSTER LAW FIRM, P.C. By: /s/ B. Blaze Taylor, Esq. B. Blaze Taylor, Esq. State Bar No. 24106495 4920 South Loop 289, Suite 101 Lubbock, TX 79414 btaylor@themosterlawfirm.com Phone: 806.778.6486 Facsimile: 866.302.7046 Counsel for Defendant Stipulation – Conditional Certification Page 4 CERTIFICATE OF SERVICE I hereby certify that on June 10, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Clif Alexander Clif Alexander Stipulation – Conditional Certification Page 5