Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

ORDER TO SHOW CAUSE. Frank Rodriguez III, who purported to opt in as Francisco Rodriguez on March 1, 2019, must show cause within 14 days from the date below why his claim should not be dismissed. Signed by Chief Judge Orlando L. Garcia.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION I DOUGLAS PEARSON and JAMES ADK1NS, individually and on behalf of all others similarly situated under 29 U.S.C. § 216(b) Plaintiffs CIVIL NO. SA-18-CA-1029-OG COLT OILFIELD SERVICES, LLC and ROY B. (EDDIE) AGUILAR Defendants SHOW CAUSE ORDER The Court has approved the settlement between defendants/employer and all named and opt-in plaintiffs except Francisco Rodriguez. See docket nos. 47-50. As the record reflects, defendants' former employee named Francisco Rodriguez cannot be located. The person that purported to opt in is Frank Rodriguez III, whose personal identifiers do not match the payroll information for former employee Francisco Rodriguez. Moreover, none of the employer's records reflect that Frank Rodriguez III worked for Colt from 2017 to the present. Thus, Frank Rodriguez III is not an eligible class member in this FLSA collection action, does not meet the requirements for opt in status, and has been disqualified as a participant in the settlement. For these reasons, Frank Rodriguez III, who purported to opt in as Francisco Rodriguez on March 1, 2019, must show cause within 14 days from the date below why his claim should not be dismissed. It is so ORDERED this dayofNovember,2019. (ORLANDO L. GARCIA CHIEF U.S. DISTRICT JUDGE