Pearson v. Colt Oilfield Services, LLC et al

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

ORDER re [24] Stipulation filed by Colt Oilfield Services, LLC, Roy E Aguilar. Signed by Chief Judge Orlando L. Garcia.

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FILED IN THE UNITED STATES DISTRICT COURT JAN 1 FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CLERK, U.S. DISTRICT COURT WESTERN 015 RLCTP4DFXEXAS (____ DOUGLAS PEARSON and JAMES DEPTV CLERK ADKINS, individually and on behalf of all V others similarly situated under 29 USC § 216(b), Plaintiff Civil Action No. 5:18-cv-1029-OLG V. COLT OILFIELD SERVICES, LLC, TOTAL TANK SYSTEMS, LLC, and ROY E. (EDDIE) AGUILAR, Defendant. STIPULATION AND I'I1OFOO[JD ORDER REGARDING NOTICE TO POTENTIAL PLAINTIFFS Plaintiffs, on behalf of themselves and all others similarly situated, and Defendants Colt Oilfield Services, LLC and Roy E. (Eddie) Aguilar (collectively "Defendants) (all collectively, "Parties") hereby file this Stipulation and Fp0.J Order Regarding Notice to Potential Plaintiffs ("Stipulation") and request Court approval of the Stipulation by signing below in the space provided. To preserve resources and in the interest of judicial economy, the Parties have reached an agreement that this case should be and, by this Stipulation when signed by the Court, is conditionally certified as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 216(b). The Parties stipulate that the Notice and Consent Form ("Consent") (attached hereto as Exhibits A and B, respectively) are timely, informative, and accurate. The Parties agree to use this form as the exclusive means to inform the Class Members of their right to opt into this lawsuit. Nothing in this Stipulation or in the Notice and/or Consent shall be interpreted as limiting, waiving, or modifying Stipulation on Notice and Conditional Certification 1 any of the Parties' claims and/or defenses. Despite this stipulation, Defendants continue to deny that they have violated the FLSA in any respect. Defendants are ordered to produce the names, last known email addresses, and addresses (collectively, "Employee Information") of the following Class Members: All current and former non-supervisory Operators, Field Operators, Hydrostatic Operators, and Completion Operators employed by Colt Oilfield Services, Inc., within the last three years, in Louisiana, New Mexico, or Texas paid on a salary basis that worked more than 40 hours during one workweek and who were not paid overtime. Defendants shall provide the Employee Information in an electronic form that can be used by Plaintiffs in mailing out the Court-approved Notice. If the information is not stored electronically, Defendant shall provide it in written form. The Employee Information must be provided within thirty (30) days of the entry of this Stipulation and Order. If Defendants fail to provide the Employee Information within thirty (30) days of the date this Order is signed, the statute of limitations is tolled for each day after the thirtieth day that Defendants fail to provide the Employee Information. The Court authorizes that the "Notice" (Exhibit A) may immediately be issued to the Class Members in accordance with the below-provided procedure. Plaintiffs shall enclose the "Consent Form" (Exhibit B) with a self-addressed, postage paid return envelope for U.S. postal mailing. The Notice and Consent Forms shall be sent by one of the following means first class mail, overnight delivery or electronically at Plaintiffs' attorney's cost. Plaintiffs may send the Notice electronically by utilizing the following language in an electronic mail message: "Colt Oilfield records show that you provided services to Colt and may be eligible to join this lawsuit. Click below for more information." The electronic mail message shall contain a link to electronic versions of the Notice and Consent Defendants are not required to produce the names, last know email addresses andlor addresses of any persons that have already filed suit against Defendants for alleged FLSA violations. Stipulation on Notice and Conditional Certification 2 Form. The Potential Plaintiffs shall be provided forty-five (45) cy after the date the Notice and Consent are initially mailed to file a Consent form opting-in to this litigation. A Consent postmarked on the deadline is considered timely. Consents received by mail without postmarks shall be considered timely if received within four (4) business days of the deadline. By Advisory filed with the Court, Plaintiffs shall provide the Court and opposing counsel with a notice indicating the date on which the Notice forms were initially mailed so the Court and the Parties are advised of the beginning of the opt-in period. Plaintiffs' counsel shall date stamp the returned consents on the day they are received in counsel's office and shall retain any envelope or other evidence showing the date the Consent Form was postmarked, fax-stamped, or received by Plaintiffs' counsel. Within 10 days after the close of the Opt-In Period, Plaintiffs' counsel will file the consent forms for the Opt-In Plaintiffs, noting the received date for each individual on the Notice of Filing. The received date will constitute the date the consents forms will be considered f d with e Court for statute of limitations purposes. Signed this day of ______________________, 2019. \N\ \L JUDGE PRESIDING Stipulation on Notice and Conditional Certification 3 AGREED AS TO FORM AND SUBSTANCE: /s/ Jack Siegel JACK SIEGEL Altorneji in Chaige Texas Bar No. 24070621 SIEGEL LAW GROUP PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 Telephone: 214.790.4454 Email: jack@siegellawgroup.biz ATTORNEYS FOR PLAINTIFF /s/ Melissa Morales Fletcher Melissa Morales Fletcher, Of Counsel State Bar No. 24007702 Email: Melissa@themoralesfirm.com THE MORALES FIRM, P.C. 6243 IH-10 West, Suite 132 San Antonio, Texas 78201 Telephone: (210) 225-0811 Facsimile: (210) 225-0821 GOODE CASSEB JONES RIKUN CHOATE & WATSON, P.C. KE WATSON Watson@goodelaw.com Texas Bar No. 20971100 Jenna C. Castlernan castlernan(iigoodelaw. corn Texas Bar No. 24105583 2122 N. Main Avenue San Antonio, Texas 78212 Tel: (210) 733-6030 Fax: (210) 733-0330 ATTORNEYS FOR DEFENDANTS Stipulation on Notice and Conditional Certification 4 EXHIBIT A NOTICE OF OVERTIME LAWSUIT TO: All current and former non-supervisory Operators, Field Operators, Hydrostatic Operators, and Completion Operators employed by Colt Oilfield Services, Inc. from [three years prior to the date the notice is issued] to the present in Louisiana, New Mexico or Texas paid on a salary basis that worked more than 40 hours during one workweek and who were not paid overtime. RE: Colt Oilfield Services Unpaid Overtime Wage Claims DEADLINE TO RETURN CONSENT FORM: 2019 1. WHY AM I GETTING THISNOTICE? This notice is to inform you about an overtime lawsuit against Colt and Roy E. (Eddie) Aguilar (collectively "Colt") in which you may be eligible to participate. You have received this notice because sometime during the last three years to the present, Colt employed you as an "Operator," "Field Operator," "Hydrostatic Operator," and/or "Completions Operator" and paid you on a salary basis. This notice wifi explain your options, how your rights might be affected, and inform you how to join the lawsuit should you choose to do so. The Court has not decided on any claims or defenses in the case. This notice does not mean you have a valid claim or that you are entitled to any money. Instead, this notice is only for the purpose of informing those who may be able to join this lawsuit. 2. WHAT IS THE CASE ABOUT? This lawsuit was filed on October 1, 2018 by Douglas Pearson and James Adkins ("Named Plaintiffs") in the United States District Court for the Western District of Texas in San Antonio, Texas. The Named Plaintiffs allege that they were not paid overtime as required by the Fair Labor Standards Act. They claim that Colt paid them on a salary without paying overtime for hours worked in excess of 40 per week. The Named Plaintiffs seek to recover alleged unpaid overtime, liquidated damages, attorney's fees and costs. Colt denies these allegations and contends that it has paid its current and former employees all wages and overtime to which they are contractually and legally entitled. The Court has not considered or made any decision on the merits of the Named Plaintiffs' claims or Colt's defenses. 3. WHAT HAPPENS IF I JOIN THIS CASE? The United States District Court for the Western District of Texas approved this Notice but takes no position on the merits of the case. While you have a choice whether to participate in this case, you must decide soon. Unless your Notice of Consent is postmarked by, you will not be permitted to join the lawsuit. However, you could still decide to file your own lawsuit or do nothing at all. If you choose not to file a Notice of Consent, you wifi not be affected by any ruling, judgment, or settlement entered in this case, favorable or unfavorable. If you join this case by filing the Notice of Consent, you may be required to provide information, sit for depositions, and testify in court in San Antonio, Texas. If you join the case, you also will be bound by any ruling, judgment, or settlement in this case, whether favorable or unfavorable. If nothing is recovered in the case, you will get nothing. If you return a signed Consent to Join form and select them as your lawyers, the Named Plaintiffs' lawyers wifi represent you on a contingent fee basis. By submitting a Consent to Join, you designate the Named Plaintiffs and their lawyers to make all decisions concerning the case, including settlement decisions on your behalf. If you want to know more about the terms of the contingent fee arrangement, you may contact the Named Plaintiffs' lead attorney, Mr. Jack Siegel at (512) 417-5716 or jack@siegellawgroup.biz. However, you may choose your own counsel for purposes of representing you in this lawsuit or any other lawsuit against Colt. You are not required to have the Named Plaintiffs' lawyers represent you. If you have any questions, you may contact Mr. Siegel or an attorney of your choice. Federal law prohibits anyone from terming your employment, or in any other manner discriminating or retaliating against you for taking part in this case or otherwise exercising your rights to make a claim for unpaid wages under federal law. 4. HOW DO I JOIN THE CASE? Enclosed is a form called "Consent to Join." If you want to join the case and be represented by the Named Plaintiffs' lawyers, sign and return the Consent to Join form to: JACK SIEGEL SIEGEL LAW GROUP PLLC 2820 McKinnon Dallas, Texas 75201 Jack@siegellawgroup.biz The signed Consent to Join must be postmarked by Alternatively, if you choose your own counsel for purposes of representing you in this lawsuit or any other lawsuit against Colt, do not submit the attached Consent to Join form. Instead, consult with your attorney about joining this lawsuit or filing a separate claim. If you have questions, you can get more information by contacting Mr. Siegel or an attorney of your choice. Please do not Contact the Court directly regarding this matter. The Judge must remain neutral and cannot offer you advice regarding your rights. The United States District Court for the Western District of Texas approved this Notice but takes no position on the merits of the case. CONSENT TO JOINT FORM-COLT OILFIELD SERVICES, INC. Printed Name: 1. I hereby consent to join the collective action lawsuit filed against Colt Oilfield Services, Inc. and Roy E. (Eddie) Aguilar (collectively "Colt") 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I understand that I may withdraw my consent to proceed with my claims at any time. 4. I designate Jack Siegel and the Siegel Law Group, PLLC as my attorneys to prosecute my wage claims. 5. I consent to have the Named Plaintiffs and their attorneys make all decisions regarding the litigation, including all decisions regarding settlement or trial. 6. If needed, I authorize the Named Plaintiffs' lawyers to use this consent to re-file my claim in a separate lawsuit or arbitration against Colt. Signature: Date Signed: Please print or type the following information, which will be kept confidential: Address City/State/Zip Code Home Telephone Number Cellular Phone Number Email address Estimated Dates of Employment Positions Held Locations Worked for Colt RETURN THIS FORM BY MAIL OR EMAIL TO: JACK SIEGEL SIEGEL LAW GROUP PLLC 2820 McKinnon Dallas, Texas 75201 Jack@siegellawgroup.biz EXHIBIT B