Peery v. Nixon Engineering,llc

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

ORDER ADOPTING [32] REPORT AND RECOMMENDATIONS. [26] Motion to Certify Class is GRANTED IN PART AND DENIED IN PART in accordance with the Report and Recommendation. Signed by Judge Alan D Albright.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § Plaintiff, § § 6:18-CV-00358-ADA v. § § NIXON ENGINEERING, LLC, § Defendant. § § ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge C. Jeffrey Mankse. ECF No. 32. The report recommends that this Court grant conditional certification of a putative class to pursue claims under the Fair Labor Standards Act and it suggests deadlines associated with providing notice to potential class members. The report and recommendation was filed on August 29, 2019. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). As of today, neither party has filed objections. When no objections are timely filed, a district court reviews the magistrate judge's report and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee's note ("When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."). The Court has reviewed the report and recommendation and finds no clear error. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Manske, ECF No. 32, is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members (ECF No. 26) is GRANTED IN PART AND DENIED IN PART in accordance with the Report and Recommendation. IT IS FURTHER ORDERED that the following class is conditionally certified for purposes of providing notice to potential class members and allowing potential class members to opt-in to this suit: All current and former hourly-paid workers employed by Defendant between June 2016 and the present who were traffic-management employees working at roadway projects throughout the state of Texas, whose monetary compensation consisted of hours reported in TxDOT work logs, and who executed a "Confidentiality, Nondisclosure, Non-solicitation, Non-Competition and Inventions Agreement" with Defendant. The Court FURTHER ORDERS as follows: • Within fourteen (14) days of the date of this order, Defendants must provide Plaintiff's counsel with the full name, last known address, telephone number, and e-mail address of each Class member. • Plaintiff may notify potential class members via text message. • The parties shall confer and submit to the Court, within twenty-one (21) days of this Order, an agreed proposed notice and consent form. • Class members may opt in to this collective action only if (1) they have mailed, faxed, or e-mailed their Consent Form to Plaintiffs' counsel within sixty days (60) after the Notice and Consent Forms are transmitted by Plaintiffs' counsel; or (2) they show good cause for delay. • Plaintiff's counsel may send a reminder notice to class members thirty (30) days before the close of the sixty-day opt-in window. SIGNED this 19th day of December, 2019. ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE