Morgan et al v. El Dorado Home Care Services, LLC et al

Filing 42

ORDER granting 7 Motion to Certify Class as to separate defendant El Dorado Home Care Services, LLC only. (See Order for specifics.) Signed by Honorable Susan O. Hickey on May 13, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
TRACI MORGAN, et al.
v.

PLAINTIFFS
Case No. 1:16-cv-01007

EL DORADO HOME CARE
SERVICES, LLC, et al.

DEFENDANTS
ORDER

Before the Court is the parties’ Joint Motion for Approval of Stipulation on Conditional
Class Certification as to Separate Defendant El Dorado Home Care Services, LLC. (ECF No. 40).
The parties have stipulated to the conditional certification of three classes defined in plaintiffs’
Motion for Class Certification and Court Authorized Notice (ECF No. 7). The parties, through their
attorneys, have agreed to the form and entry of the following Order granting Plaintiffs’ Motion:
1.

Plaintiffs’ motion for conditional class certification and court-authorized notice (ECF.

No. 7) is GRANTED as to separate defendant El Dorado Home Care Services, LLC only. The
classes conditionally certified are:
a.

All registered nurses who worked for South Arkansas Home Health between

the period of February 1, 2013 to the date on which the Court grants conditional
certification and who were classified as exempt from the Fair Labor Standards Act’s
overtime pay requirements;
b.

All licensed practical nurses who worked for South Arkansas Home Health

between the period of February 1, 2013 to the date on which the Court grants
conditional certification and who were classified as exempt from the Fair Labor
Standards Act’s overtime pay requirements; and

c.

All certified occupational therapy assistants who worked for South Arkansas

Home Health between the period of February 1, 2013 to the date on which the Court
grants conditional certification and who were classified as exempt from the Fair Labor
Standards Act’s overtime pay requirements.
2.

The Notices attached as Exhibits A, B, and C are approved.

3.

The Consent to Join form attached as Exhibit D is approved.

4.

The defendant El Dorado Home Care Services, LLC is directed to provide potential

class members’ contact information within seven (7) days of this Order to be used for the sole
purposes provided in the Stipulation.
5.

Upon receipt of the contact information of the potential class members, plaintiffs will

have sixty (60) days to distribute Notice (in the form attached to the Stipulation as Exhibits A, B,
C ) and file all Consent to Join forms (in the form attached to the Stipulation as Exhibit D).
6.

This Order does not address plaintiffs’ motion for conditional certification as to

separate Defendant Community Health Services Professional Services Corporation (now known as
CHSPSC, LLC) or any other entity or person.
IT IS SO ORDERED, this 13th day of May, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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