Peery v. Nixon Engineering,llc

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

Proposed Order

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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) [PROPOSED] ORDER The Court, having considered Plaintiff's Opposed Motion for Conditional Certification and Notice to the Putative Class Members ("Motion") is of the opinion that the Motion should be GRANTED as set forth below. The Court ORDERS that a class is conditionally certified as follows: "All Current and Former Hourly Employees Who Worked For Nixon Engineering, LLC At Any Time In The Preceding Three Years Through The Final Disposition of this Matter." The Court hereby approves the Notice and Consent form attached as Exhibit 6 to the Motion and further orders that the parties comply with the following deadlines and terms: DEADLINE SUBJECT Defendant to disclose the names, addresses, e- mail addresses, telephone numbers, dates of 14 Days from Order Approving Notice to employment, dates of birth, and driver's license Putative Class Members numbers of the Putative Class Members in a usable electronic format. Plaintiff's counsel shall send by mail, e-mail, and text-message the Court-approved Notice 21 Days from Order Approving Notice to and Consent Form to the Putative Class Putative Class Members Members. Defendant shall post a copy of the Notice and Consent Form at all job sites. The Putative Class Members shall have 60 days to return their signed Consent forms for filing 60 Days from Notice is Mailed to Putative with the Court. Class Members Defendant may take down the posted Notice and Consent Form. Plaintiff's Counsel is authorized to send by mail, e-mail, and text-message a second identical copy of the Notice/Consent Form to the Putative Class Members reminding them of 30 Days from Notice is Mailed to Putative the deadline for the submission of the Consent Class Members forms. Plaintiff's Counsel is authorized to call Putative Class Members to ensure the Consent forms were received. The Court also ORDERS that Defendant is hereby prohibited from communicating directly or indirectly, with any Plaintiff or Putative Class Members about any matters which touch or concern the outstanding wage claims, or other matters related to this suit, during the pendency of this lawsuit. Defendant shall instruct all of its managers of the requirements of this Order. This Order shall not restrict Defendant from discussing with any Plaintiffs or Putative Class Members matters that arise in the normal course of business. Defendant is further prohibited from directing, permitting, or undertaking, either directly or through any employee, agent, or other intermediary, activities that intimidate, threaten, restrain, harass, coerce, or in any manner discriminate against Plaintiffs, Putative Class Members, witnesses, potential witnesses, or their respective family members. SIGNED on this ______ day of _____________________________, 2019. __________________________________________ HON. ALAN D. ALBRIGHT UNITED STATES DISTRICT JUDGE