Whiteman v. Wardlaw Consulting Services, Inc. et al

Western District of Texas, txwd-6:2016-cv-00312

Proposed Order). Motions referred to Judge Jeffrey C. Manske. (O'Brien, Kerry

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Case 6:16-cv-00312-RP-JCM Document 12-6 Filed 12/20/16 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION TIMOTHY D. WHITEMAN, § individually, and on behalf of others § similarly situated, § § CIVIL ACTION NO. 6:16-cv-312-Plaintiffs, § RP-JCM § v. § § WARDLAW CONSULTING § SERVICES, INC., WILLIAM F. § WARDLAW, MICHAEL N. § Collective Action under WARDLAW and REBECCA W. § 29 U.S.C. § 216(b) MEADOWS, § § Defendants. § DECLARATION OF TIMOTHY D. WHITEMAN ORDER GRANTING PLAINTIFF’S MOTION FOR NOTICE TO POTENTIAL PLAINTIFFS AND CONDITIONAL CERTIFICATION Before the Court is Plaintiff’s Motion for Notice to Potential Plaintiffs and Conditional Certification. The Court, having considered the Motion, Defendants’ Response, and Plaintiff’s Reply in support of the same is of the opinion the Motion should be, and hereby is, GRANTED. The Court conditionally certifies this matter as a collective action, and ORDERS as follows: Defendants are ordered to produce the names, last known addresses, email addresses, and telephone numbers of Defendants’ current and former employees who were "Supervisory and/or Management Employees who were employed by Wardlaw Consulting Services, Inc. at any time from December 2013 to the present and whose monetary compensation consisted of a commission paid from funds known as'the bucket’" (hereinafter referred to as "Class Members" or "Potential Plaintiffs"). Defendants shall provide the Employee Information in an electronic Case 6:16-cv-00312-RP-JCM Document 12-6 Filed 12/20/16 Page 2 of 3 form that can be used by Plaintiff in mailing out the Court-approved Notice. This information must be produced to Plaintiff within seven (7) days of the entry of this Order. If the information is not stored electronically, Defendants shall provide it in written form. If Defendants fail to provide the Employee Information within seven days of the date this order is signed, the statute of limitations is equitably tolled for each day after the 7th day that Defendants fail to provide the Employee Information. The Court authorizes that the Notice submitted by Plaintiff in his Appendix (Exhibit A) may be immediately issued to those individuals whose names are being provided as required by this Order. The Consent to Join form submitted by Plaintiff in his Appendix (Exhibit B) to the Motion shall be enclosed with the Notice to Potential Plaintiffs, along with a self-addressed, postage paid return envelope for U.S. Postal Service mailing. The Notice and Consent forms shall be mailed by first-class mail or overnight delivery at Plaintiff’s attorneys’ cost and may also be sent electronically via electronic mail and text messaging. The Potential Plaintiffs shall be provided ninety (90) days after the date the Notice and Consent forms are mailed (the "mailing date") to file a Consent to Join form opting-in to this litigation, unless the Parties agree to permit late filings or good cause can be shown as to why the consent was not postmarked prior to the deadline. A Consent to Join that is postmarked on or before the deadline is considered timely. Consents received by mail without postmarks shall be considered timely if received within five business days of the deadline. Plaintiff shall provide the Court and opposing counsel with a notice indicating the date on which the Notice forms were mailed. Within 30 days after the close of the opt-in period, the Parties are directed to confer pursuant to Rule 16(b) to present the Court with a proposed Joint Scheduling Order and Case Management Plan setting forth proposed dates and covering the items set forth in the Court’s Whiteman v. Wardlaw Consulting Services, Inc./Plaintiffs’ Proposed Order 2 Case 6:16-cv-00312-RP-JCM Document 12-6 Filed 12/20/16 Page 3 of 3 previous Order Requiring Scheduling Conference. The Case Management Plan should set forth the Parties’ agreements concerning how discovery will proceed and how the case will proceed at trial. If the Parties cannot agree on elements of the Proposed Scheduling Order or Case Management Plan, they may present their views in the submission for Court determination. The Parties must file the Joint Scheduling Report and Case Management Plan within 14 days of the deadline for the Parties to confer. Signed this _____ day of _____________________, 2016. Whiteman v. Wardlaw Consulting Services, Inc./Plaintiffs’ Proposed Order 3