Camp et al v. City of Pelham

Filing 64

MEMORANDUM OPINION AND ORDER: Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendations and the objections filed by defendant City of Pelham, the court ADOPTS the magistrate judge&# 039;s findings and ACCEPTS the magistrate judge's recommendations ( 50 and 51 ). Therefore, the court OVERRULES defendant's interposing objections to the magistrate judge's order tolling the statute of limitations and the magistrate judge's reports and recommendations. As a result, the court GRANTS plaintiffs' motion to toll the statute of limitations, 43 , plaintiffs' motion for conditional certification under the Fair Labor Standards Act, 19 , and plaintiffs' motion for certification under Rule 23 of the Federal Rules of Civil Procedure, 27 , and APPROVES the plaintiffs'proposed notice, located in 19 .Signed by Judge Abdul K Kallon on 02/01/13. (CVA) Modified on 2/1/2013 (CVA).

FILED
2013 Feb-01 PM 02:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KENNETH CAMP, et al.,
Plaintiffs,
CASE NO. 2:10-cv-1270-MHH
v.
THE CITY OF PELHAM,
Defendant.
MEMORANDUM OPINION AND ORDER
The case comes before the court on plaintiffs’ motions for class certification.
Docs. 19, 27. On March 8, 2012, the magistrate judge granted plaintiffs’ motion to
toll the statute of limitations because some evidence indicated that potential class
members were “being lied to regarding their rights in this lawsuit” and due to the
court’s delay in ruling on the class certification motion. Docs. 43, 49 at 2. Then on
March 20, 2012, the magistrate judge filed two report and recommendations. First,
the magistrate judge recommended that the court grant plaintiffs’ motion for
conditional certification under the Fair Labor Standards Act, docs. 19, 50, and that the
court approve the proposed notice, doc. 19-6 at 2. Second, the magistrate judge
recommended that the court grant plaintiffs’ motion for certification under Federal
Rules of Civil Procedure 23. Docs. 27, 51.

On March 21, 2012, defendant City of Pelham objected to the magistrate
judge’s order tolling the statute of limitations. Doc. 52. Then on March 30, 2012,
defendant objected to both of the magistrate judge’s report and recommendations.
Docs. 53, 54.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendations and the objections filed by defendant
City of Pelham, the court ADOPTS the magistrate judge’s findings and ACCEPTS
the magistrate judge’s recommendations. Therefore, the court OVERRULES
defendant’s interposing objections to the magistrate judge’s order tolling the statute of
limitations and the magistrate judge’s reports and recommendations.
As a result, the court GRANTS plaintiffs’ motion to toll the statute of
limitations, doc. 43, plaintiffs’ motion for conditional certification under the Fair
Labor Standards Act, doc. 19, and plaintiffs’ motion for certification under Rule 23 of
the Federal Rules of Civil Procedure, doc. 27, and APPROVES the plaintiffs’
proposed notice, doc. 19-6 at 2.
As to the class conditionally certified under the Fair Labor Standards Act, the
court ORDERS as follows:
a)

Defendant shall provide plaintiffs with the name and last known
address of all potential plaintiffs who meet the class definition on or
before February 28, 2013;
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b)
c)
d)

Plaintiffs shall send the court-approved notice to potential class
members on or before March 29, 2013;
Any plaintiff that desires to opt in to this litigation shall do so on or
before April 30, 2013; and
The statute of limitations is TOLLED for prospective class members
from November 22, 2010, and shall begin running again on April 30,
2013.

As to the class certified under Rule 23, the court ORDERS as follows:
a)

b)
c)

Defendant shall provide plaintiffs with the name and last known
address of all potential plaintiffs who meet the class definition before
February 28, 2013;
Plaintiffs shall send notice to potential class members on or before
March 29, 2013; and
Any plaintiff that desires to opt out of this litigation shall do so on or
before April 30, 2013.

Done this the 1st day of February, 2013.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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