Crocker et al v. Leachville Arkansas, City of
ORDER denying 12 Motion without prejudice as premature and with instructions. The parties must promptly engage in discovery to identify a more solid FLSA group or groups. And the Court tolls the statute of limitations, effective 1/8/2018, while that happens. Agreed or opposed motion to certify due by 3/12/2018. Signed by Judge D. P. Marshall Jr. on 1/8/2018. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ZAKKERY CROCKER and BRANDON
WOMACK, Individually and on Behalf
of All Others Similarly Situated
CITY OF LEACHVILLE, ARKANSAS
Crocker and Womack seek conditional certification of a FLSA
They allege that the City of Leachville denied
overtime pay to them and their fellow salaried law enforcement
officers. In response, Leachville argues that the case is barely underway
and that conditional certification is premature. The Court agrees with
Leachville. While the standard for conditional certification is fairly
lenient, Freeman v. Wal-Mart Stores, Inc., 256 F. Supp. 2d 941, 944-45
(W.D. Ark. 2003), there are questions about who should be included in
any FLSA group or groups.
Do different classes of salaried law
enforcement officers exist in Leachville? Were they treated differently?
Are there other K-9 caretakers, like Crocker, who may deserve pay for
their extra hours? One plaintiff estimates that ten total individuals may
be affected, but it's not clear that all were affected in the same way.
Plus, Leachville says that- after some discovery- it will probably
agree to certification of some group. It's better to answer all these
questions at the threshold than to wait and discover, later on, that
disparate facts exist within this small proposed group.
Crocker and Womack' s motion, N!! 12, is denied without prejudice
as premature and with instructions. The parties must promptly engage
in discovery to identify a more solid FLSA group or groups. And the
Court tolls the statute of limitations, effective 8 January 2018, while that
happens. Agreed or opposed motion to certify due by 12 March 2018.
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?