Chapman v. Fred's Stores of Tennessee, Inc.

Filing 60

ORDER that the court adopts the report of the Magistrate Judge and accepts the recommendations; It is therefore ordered that the Plaintiffs Motion to Facilitate Notice is granted as more fully set out in order. Signed by Judge William M Acker, Jr on 04/22/13. (SPT )

FILED
2013 Apr-22 PM 01:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESSICA CHAPMAN,

)
)
Plaintiff
)
)
vs.
)
)
FRED’S STORES OF TENNESSEE, )
INC.,
)
)
Defendant )

Case No. 2:08-cv-01247-HGD

ORDER
On March 15, 2013, the magistrate judge’s report and recommendation was
entered with respect to the Motion to Facilitate Notice filed by plaintiff (Doc. 34), and
the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the magistrate judge. After obtaining an extension of
time, defendant filed objections to the magistrate judge’s report and recommendation
on April 5, 2013. Plaintiff filed a response to the objections on April 19, 2013.
After careful consideration of the record in this case, the magistrate judge’s
report and recommendation, the objections thereto and the response to the objections,
the court hereby ADOPTS the report of the magistrate judge. The court further
ACCEPTS the recommendations of the magistrate judge and it is, therefore,

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ORDERED, ADJUDGED and DECREED that:
(1) plaintiff’s Motion to Facilitate Notice is due to be and hereby is
GRANTED;
(2) the court CONDITIONALLY CERTIFIES a nationwide class of all female
Assistant Store Mangers of Fred’s Store of Tennessee, Inc., within three years prior
to August 3, 2009;
(3) defendant shall provide to plaintiff the names and last known physical
address of all individuals in the putative class within fourteen (14) days from the date
of entry of this order;
(4) notice of this action shall be sent to all potential plaintiffs, as identified
from the information provided by defendant, in the proposed form attached by
plaintiff as Exhibit 1 to the Motion to Facilitate Notice; and
(5) the statute of limitations is due to be and hereby is EQUITABLY TOLLED
for the period from August 3, 2009, to the date of entry of this order.
DONE this 22nd day of April, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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