Pearson v. Colt Oilfield Services, LLC et al

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

STIPULATION And Proposed Order filed Jointly by Plaintiffs and by Roy E Aguilar, Colt Oilfield Services, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON and JAMES ADKINS, individually and on behalf of all 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 PROPOSED 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 Proposed 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.1 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 1 Defendants are not required to produce the names, last know email addresses and/or 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) days 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 filed with the Court for statute of limitations purposes. Signed this _____ day of _____________________, 2019. _______________________________ JUDGE PRESIDING Stipulation on Notice and Conditional Certification 3 AGREED AS TO FORM AND SUBSTANCE: /s/ Jack Siegel JACK SIEGEL Attorney in Charge Texas Bar No. 24070621 SIEGEL LAW GROUP PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 Telephone: 214.790.4454 Email: ATTORNEYS FOR PLAINTIFF /s/ Melissa Morales Fletcher Melissa Morales Fletcher, Of Counsel State Bar No. 24007702 Email: 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 RIKLIN CHOATE & WATSON, P.C. KYLE WATSON Texas Bar No. 20971100 Jenna C. Castleman 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