Crocker et al v. Leachville Arkansas, City of

Filing 35

ORDER granting as modified 25 Motion. Signed by Judge D. P. Marshall Jr. on 8/20/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ZAKKERY CROCKER and BRANDON
WOMACK, Individually and on Behalf
of All Others Similarly Situated

v.

PLAINTIFFS

No. 3:17-cv-191-DPM

CITY OF LEACHVILLE, ARKANSAS

DEFENDANT

ORDER
Background. Crocker and Womack have renewed their motion
for conditional certification of a collective action under the Fair Labor
Standards Act, for disclosure of contact information for potential optin plaintiffs, and for approval of related notices. They allege that their
former employer, the City of Leachville, didn't pay its law enforcement
officers overtime.

Leachville denies this.

It says certification is

improper because the facts vary too much between different types of
officers and, therefore, Crocker and Womack aren't similarly situated
to all potential group members. The City also urges a stricter standard
for determining whether Crocker and Womack are similarly situated
because the parties have already completed some discovery.
Certification.

Crocker and Womack have made the factual

showing that an affected group exists.

In re Pilgrim's Pride Fair

Labor Standards Act Litigation, 2008 WL 4877239, at *3 (W.D. Ark.

13 March 2008).

Here, the additional discovery helps their case.

Although different law enforcement officers may have had different
duties, as the Court previously noted, NQ 20 at 1, it's now clear that all
of Leachville' s salaried law enforcement officers - other than the
chief- were subject to the same pay policy.

That's sufficient

commonality to conditionally certify a group, even under a heightened
standard of proof. The Court conditionally certifies this FLSA group:
All salaried law enforcement officers below the rank of chief
employed by Leachville at any time since 17 July 2014.
Notices. The Court approves the original proposed notice and

consent forms, NQ 12-1, 12-2, 12-4 & 12-5, with some tweaks. Update
the group definition to reflect the group conditionally certified in this
Order. Please replace class" with group" to avoid confusion with
/1

FED.

/1

R. Crv. P. 23 issues. Notice via mail, e-mail, and text message is

fine. There's no need for follow-up postcards or posted notices. The
Court is confident that, if folks want to join the lawsuit, then they'll
knowhow.
Timing. The parties have a settlement conference with Magistrate

Judge Volpe set for 19 September 2018. They'll need some time to shift
gears after that. The City must give Crocker and Womack' s counsel (in
electronic spreadsheet format) a list of names of possible group
members by 28 September 2018. The list should include each person's
name and, if known, home address and telephone number. Crocker
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and Womack must not initiate contact with prospective group
members by telephone except in the approved texts. The opt-in period
will close on 31 December 2018.

*

*

*

Motion, NQ 25, granted as modified.
So Ordered.

fr.

D .P. Marshall
United States District Judge

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