Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358


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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § Individually and on behalf of all others § similarly situated § Civil Action No. 6:2018-cv-00358 § Plaintiff, § JURY TRIAL DEMANDED § v. § COLLECTIVE ACTION § PURSUANT TO 29 U.S.C. §216(b) NIXON ENGINEERING, LLC, § § CLASS ACTION PURSUANT TO Defendant. § FED. R. CIV. P. 23(b) JOINT ADVISORY REGARDING AGREED NOTICE AND CONSENT FORM AND TEXT MESSAGE NOTICE TO PUTATIVE CLASS MEMBERS Pursuant to this Court's December 19, 2019 Order that the Parties have agreed on the Notice and Consent Form (attached as Exhibit 1). Additionally, the Parties are in agreement on the language for the Text Notice. The Parties agreed language to be sent by means of SMS text message is: "The United States District Court for the Western Division of Texas has authorized this text notice to inform you of your right to join a lawsuit for unpaid overtime filed against Nixon Engineering. Click here to read the notice. If you have questions please contact the law offices of Anderson Alexander, PLLC at 361-452-1279 or visit" The word "here" in the SMS text message will take Putative Class Members to the same court- approved notice form Putative Class Members will receive via email. This link will not take Putative Class Members to any other webpage, nor will other pages be accessible through the link. Date: January 9, 2020 Respectfully submitted, ANDERSON ALEXANDER, PLLC By: /s/ Clif Alexander Clif Alexander Texas Bar No. 24064805 Lauren E. Braddy Texas Bar No. 24071993 Alan Clifton Gordon Texas Bar No. 00793838 Carter T. Hastings Texas Bar No. 24101879 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys for Plaintiff and the Putative Class Members DYKEMA GOSSETT, PLLC By: /s/ Elizabeth A. Voss Elizabeth A. Voss State Bar No. 24075160 Ramon D. Bissmeyer State Bar No. 00787088 112 East Pecan Street, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 554-5500 Facsimile: (210) 226-8395 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on January 9, 2020, 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