Johnson v. A and R Mobile Home Supply and Service Inc et al

Filing 20

ORDER granting as modified 16 MOTION to Certify Class. The Court conditionally certifies the group as stated in this Order. The Court approves the proposed consent form, and reminder postcard. The Court approves the proposed notice with the t weaks noted on the attached drafts. The Court directs the Defendants to give Johnson's attorneys the list of names of all people who fit the group definition. The Court grants Johnson's request to include the complaint with the notice. If Defendants ask Johnson to include the answer, then Johnson must include it, too. Signed by Judge D. P. Marshall Jr. on 6/6/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CORTNEY JOHNSON, Individually
and on Behalf of All Others Similarly
Situated

v.

PLAINTIFF

No. 4:16-cv-577-DPM

A AND R MOBILE HOME SUPPLY
AND SERVICE INC.; JAN McGOUGH
and RUSSELL McGOUGH, Both Individually
and as Officer and Director of A and R Mobile
Home Supply and Service Inc.

DEFENDANTS

ORDER
Johnson has moved for conditional certification of a collective action
under the Fair Labor Standards Act and approval of related notices. The
motion is mostly unopposed. It is granted as modified.
1. Johnson and the other HVAC employees in the potential group are
similarly situated under the fairly lenient governing standard. Hoffman-La
Roche, Inc. v. Sperling,493U.S.165,169 (1989); Freeman v. Wal-Mart Stores, Inc.,

256 F. Supp. 2d. 941, 944-45 (W.D. Ark. 2003). Johnson has made the modest
factual showing required. Considering all the material circumstances, the
Court concludes that any HVAC installer employed by any of the Defendants
between 10 August 2013 and 10 August 2016, are similarly situated to

Johnson.

They worked the same jobs during the same period of time,

performed the same duties, and were paid in the same manner. Smith v. Frac

Tech Services, Ltd., 2009 WL 4251017 at *4 (E.D. Ark. 24 Nov. 2009). The Court
therefore conditionally certifies this group*
:
All HV AC installers employed by Defendants A and R Mobile
Home Supply and Service, Inc.; Jan McGough, Individually and
as Officer and Director of A and R Mobile Home Supply and
Service, Inc.; and Russell McGough, Individually and as Officer
and Director of A and R Mobile Home Supply and Service, Inc.,
(collectively "Defendants"), between 10 August 2013 and 10
August 2016 (the "FLSA Group").
2. The Court approves the proposed consent form, and reminder
postcard. The Court approves the proposed notice with the tweaks noted on
the attached drafts. The Court directs the Defendants to give Johnson's
attorneys (in electronic spreadsheet format) the list of names of all people who
fit the group definition. The list should include their home addresses and
telephone numbers, if known. Defendants are right, though, that any more
information would go too far at this point; birthdays, non-public phone

*It is not a class; it is a group pursuing a collective action. Calling it a

class invites confusion because of Fed. R. Civ. P. 23 issues.
-2-

numbers, and social security numbers aren't necessary. The notice schedule
will be as follows:

•

Defendants produce spreadsheet

23 June 2017

•

Notice period opens

23 June 2017

•

Deadline to mail notice

•

Thirty-day reminder postcard
mailing deadline

•

7 August 2017

8 September 2017
22 September 2017

Opt-in period closes

And the Court grants Johnson's request to include the complaint with the
notice. If Defendants ask Johnson to include the answer, then Johnson must
include it, too.

*

*

*

Mostly unopposed motion, NQ 16, granted as modified.
So Ordered.

-3-

Case 4:16-cv-00577-DPM Document 16-1 Filed 05/18/17 Page 1of3

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CORTNEY JOHNSON, Individually and
on Behalf of All Others Similarly Situated

vs .

PLAINTIFF

No. 4: 16-cv-577-DPM

A AND R MOBILE HOME SUPPLY AND SERVICE,
INC.; JAN McGOUGH, Individually and as Officer and
Director of A AND R MOBILE HOME SUPPLY AND
SERVICE, INC.; and RUSSELL McGOUGH,
Individually and as Officer and Director of A AND R
MOBILE HOME SUPPLY AND SERVICE, INC .

DEFENDANTS

NOTICE OF RIGHT IQ .JOltiL~wsu_rr
FROM :

TO:

Mr. Josh Sanford
SANFORD LAW FIRM , PLLC
One Financial Center
650 South Shackleford Road, Suite 411
Little Rock, Arkansas 72211
Telephone: [phone]
Facsimile: [phone]
E-ma ii : josh@sa IJforQ[aVY..flLIJ1 .com
Attorneys for Plaintiff

All HVAC installers employed by Defendants A and
Supply and Service, Inc.; Jan McGough, Individual!
and Director of A and R Mobile Home Supply and

ervice, Inc.; and

Russell McGough, Individually and as Officer an Director of A and
R Mobile Home Supply andservice, Inc., (collect" ely "Defendants"),
at.any time-after August ... 2013 (the "FLSA
").

~~I~

RE:

~:7-:rr1tio~-,+.-'..-.H::Jr--...

Fair Labor Standards Act lawsuit agams De endants.

(1)
INTRODUCTION : The purpose of this notice is to inform you of a
pending collective action lawsuit in which you may be a member as a Plaintiff; to
advise you of how your rights may be affected by this su it; and to instruct you on
the procedure for participating in this suit.

Case 4:16-cv-00577-DPM Document 16-1 Filed 05/18/17 Page 2 of 3

(2)
DESCRIPTION Of_THE _ AWSUIT: Plaintiff in this case is a former
L
HVAC employee for Defendants. Plaintiff filed a lawsuit against Defendants
asserting that Defendants violated federal law in failing to pay its HVAC
employees correctly .
Defendants deny Plaintiff's claims and allegations. Defendants assert that
they complied with the law, and properly compensated , all of their HVAC
employees .
This case has been set for trial on April 2, 2018. If the case is not settled
between the parties, a trial will be held at the United States District Court for the
Eastern District of Arkansas in Little Rock, Arkansas . The Court has not ruled on
or decided any of the issues , including the merits of the claims or defenses .
(jfq)\.ff
(3)
COMPOSITION OF THE PROPOSED ,,Cb\SS: Plaintiff seeks to
e on behalf of himself and on behalf of all HVAC empl yees who were
ployed by Defendants at any time ~ betwee August 10 2013 ~ August
2016 .
OW'-J lO
(4)
YOUR RIGHT TO PARTICIPATE IN THIS SUIT: If you fit the
definition above, you may join this suit (that is , you may opt-in) provided that you
file or cause to be filed the attached Consent to Join Collective Action on or

before

, 2017.

Inform ation regarding this case is available from Plaintiff's attorney , Josh
Sanford, Sanford Law Firm, PLLC , One Financial Center, 650 South Shackleford
Road , Suite 411 , Little Rock , Arkansas 72211 , [phone] ,
jQ.§..b_@sanf_Q[Ql£wfirm.com.
(5)
EFFECT OF JOINl~G THIS~UIT : If you choose to join this suit,
you will be bound by the judgment whether it is favorable or unfavorable. While
the suit is proceeding you may be required to provide information, sit for
depositions, and testify in court. You will not be required to pay attorney's fees
directly. If successful, Plaintiff's attorney will receive a part of any money
judgment or settlement entered in favor of the ~ ·

" "t"-atrf>

It is important to understand that you are not entitled to recovery just

because you were employed by Defendants as a HVAC employee at some time
since August 10, 2013. The Court will make a final decision about whether you
are entitled to recover, and for what time period, if any, that you are entitled to
recover. The Court has not made those decisions as of yet.
(6)
EFFECT OF NOT JOINING THIS SUIT: If you choose not to join
this suit, you will not be affected by the settlement of this case or any judgment,
favorable or unfavorable . If you choose not to join this suit, you are free to file
your own lawsuit. If you do not join this suit, however, its filing will not stop the
running of the statute of limitations (deadlines) applicable to any claims you may
have against Defendants within the scope of the suit. If those deadlines expire

Case 4:16-cv-00577-DPM Document 16-1 Filed 05/18/17 Page 3 of 3

before you file your own lawsuit, you may lose your rights . Accordingly , if you
desire to file your own lawsuit, you should contact an attorney to preserve
whatever rights you may have.

CflrfVP.. /

(7)
~ COUNSEL: If you choose to join this suit, the named
Plaintiff through his attorney will !fa-Present your interests. Plaintiff's attorney and
the attorney for the ~ is:

A~f'
Mr. Josh Sanford
Sanford Law Firm, PLLC
One Financial Center
650 South Shackleford Road , Suite 411
Little Rock , Arkansas 72211
Telephone: [phone]
Facsimile: [phone]
E-mail: josh@sanfordlav~fi.!I!L.COf!J
You also have a right to hire your own attorney and pursue your potential
claims individually . If you sign a Consent to Join you agree that the attorney for
the potential class will represent you in this case .
(8)
Fl)BTH!;_:R_INEQ.RMATION: Further information about this suit,
your rights to join in this action, information about filing a Consent to Join , and
additional Consent to Join forms can be obtained by contacting Josh Sanford at
[phone] or [e-mail].
(9)
RETALIATION PRO HIBITED:
The law prohibits anyone from
discriminating or retaliating against you for taking part in this case . If you bel ieve
you have been discriminated or retaliated against in any way as a result of your
receipt of this notice or election to participate in this lawsuit, you should contact
the Clerk of the Court, or your attorney immediately.