Peery v. Nixon Engineering,llc

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

Proposed Order Granting Motion

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IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS (WACO DIVISION) JAYME PEERY, § Individually and on behalf of all others § CIVIL ACTION NO. 6:18-cv-00358 similarly situated § § JURY TRIAL DEMANDED Plaintiff, § § COLLECTIVE ACTION v. § PURSUANT TO 29 U.S.C. §216(b) § NIXON ENGINEERING, LLC, § § CLASS ACTION PURSUANT TO Defendant. § FED. R. CIV. P. 23(b) ORDER GRANTING DEFENDANT'S MOTION FOR CLARIFICATION AND/OR MODIFICATION OF ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION On this day, came for consideration Defendant Nixon Engineering, LLC's Motion for Clarification and/or Modification of Order Adopting Magistrate Judge's Report and Recommendation (the "Motion"). The Court finds that Defendant's Motion should be GRANTED. IT IS THEREFORE ORDERED that this Court's Order Adopting Magistrate Judge's Report and Recommendation is clarified as follows: The class in this case does not include current and former hourly-paid workers who executed a "Confidentiality, Nondisclosure, Non-solicitation, Non- Competition and Inventions Agreement" which includes a Collective Action Waiver. IT IS FURTHER ORDERED that Defendant is not required to provide Plaintiff's counsel with the full name, last known address, telephone number, and e-mail address of any individual who executed a "Confidentiality, Nondisclosure, Non-solicitation, Non-Competition and Inventions Agreement" which includes a Collective Action Waiver. Signed this ____ day of ___________________, 2020. __________________________________________ ALAN D. ALBRIGHT UNITED STATES DISTRICT JUDGE 4838-4458-4624.1