Martinez, et al. v. Silveira

Filing 35

STIPULATION and ORDER ADOPTING the conditional certification as an FLSA collective action; stipulation outlining the procedure that will be used to notify potential class members and a proposed opt-in letter to be filed no later than three days prior to the next status conference which is currently scheduled for 10/1/2010; order signed by Magistrate Judge Gary S. Austin on 9/13/2010. (Rooney, M)

Download PDF
Martinez, et al. v. Silveira Doc. 35 1 2 3 4 5 6 7 8 ESMERALDA ZENDEJAS, # 258809 BLANCA A. BAÑUELOS, # 231585 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 145 E. Weber Avenue Stockton, CA 95202 Telephone: (209) 946-0609 Facsimile: (209) 946-5730 MICHAEL MEUTER, # 161554 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 3 Williams Road Salinas, CA 93905 Telephone: (831) 757-5221 Facsimile: (831) 757-6212 Attorneys for Plaintiff Felipe Nuñez Torres 9 10 11 12 13 Attorneys for all Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOSE GILBERTO SILVEIRA, an individual; and DOES ONE through TWENTY inclusive Defendants. The undersigned represent all the named parties to this action and, by signing this document, each and every party to this action does stipulate and jointly move this court for an Order that this action may be conditionally certified as a Fair Labor Standards Act (FLSA) collective action, pursuant to 29 U.S.C. § 201 et seq. /// /// S T I P U L A T I O N SEEKING CONDITIONAL CERTIFICATION OF ERIN L. HERNÁNDEZ, # 257680 JULIA L. MONTGOMERY, # 184083 CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION 2210 K Street, Suite 201 Sacramento, CA 95816 Telephone: (916) 446-7904 ext. 17 and 20 Facsimile: (916) 446-3057 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTONIO MARTÍNEZ, and FELIPE NUÑEZ TORRES, Plaintiffs, Case No. 1:10-cv-00234-GSA STIPULATION AND ORDER FOR CONDITIONAL CERTIFICATION OF ACTION AS FLSA COLLECTIVE ACTION ACTION AS FLSA COLLECTIVE ACTION 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// As grounds for the Order sought, the parties stipulate that: 1. The FLSA class will be defined as all Defendants' agricultural dairy employees who worked for Defendant Jose Gilberto Silveira in Merced County during the period from October 26, 2006 through the present, who were allegedly not paid minimum wages as required by the FLSA and allegedly have not been compensated as of this date. 2. defined above. 3. The representative parties of the FLSA class and their counsel will fairly and The claims of the named Plaintiffs are typical of the claims of the FLSA class as adequately represent the interests of the named Plaintiffs and the FLSA class. 4. That the questions of law and fact common to the members of the FLSA class predominate over questions relevant only to individual members of the collective class. The questions of law and fact common to the collective class and in addition to the FLSA claims include: (1) whether the members of the FLSA class were paid minimum wages in accordance with the FLSA; (2) whether the members of the FLSA class are entitled to liquidated damages; (3) whether the members of the FLSA class were paid overtime wages in accordance with all applicable laws; (4) whether the members of the FLSA class are entitled to Labor Code § 203 waiting time penalties; (5) whether the members of the FLSA class were provided meal and rest periods as required by California law; (6) whether the members of the FLSA class were provided tools and equipment as required by California law; and (7) whether the members of the FLSA class were provided legally adequate pay stubs. 5. FLSA class adjudication is superior to any other method of adjudication for the fair and efficient adjudication of this matter. Dated: August 27, 2010 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. /s/ Esmeralda Zendejas Esmeralda Zendejas Attorney for Plaintiff Felipe Nuñez Torres S T I P U L A T I O N SEEKING CONDITIONAL CERTIFICATION OF ACTION AS FLSA COLLECTIVE ACTION 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 27, 2010 CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION /s/ Erin L. Hernandez (As authorized on 8/27/10) Erin L. Hernandez Attorney for All Plaintiffs Dated: August 27, 2010 THE SAQUI LAW GROUP /s/ Andrew H. Lee (As authorized on 8/27/10) Andrew H. Lee Attorney for Defendant ORDER Upon a review of the pleading, the Court adopts the conditional certification as an FLSA collective action. The parties shall file a stipulation outlining the procedure that will be used to notify class potential class members, as well as a proposed opt-in letter no later than three (3) days prior to the next status conference which is set for October 1, 2010 at 10:00 am in Courtroom 10 before the undersigned. IT IS SO ORDERED. Dated: 6i0kij September 13, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE S T I P U L A T I O N SEEKING CONDITIONAL CERTIFICATION OF ACTION AS FLSA COLLECTIVE ACTION 3

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?