Ashely v. Youngblood et al

Filing 66

ORDER GRANTING PRELIMINARY APPROVAL of the Notice of Eligibility to Participate in a Collective Action and Consent Form; ORDER DIRECTING PLAINTIFF to File a Finalized Notice and Consent Form, signed by Magistrate Judge Jennifer L. Thurston on 4/17/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ASHELY, individually and behalf of )
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those similarly situated,
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Plaintiffs,
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v.
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SHERIFF DONNY YOUNGBLOOD, et al., )
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Defendants.
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Case No.: 1:16-cv-01638- JLT
ORDER GRANTING OF PRELIMINARY
APPROVAL OF THE NOTICE OF ELIGIBILITY
TO PARTICIPATE IN A COLLECTIVE ACTION
AND CONSENT FORM
ORDER DIRECTING PLAINTIFF TO FILE A
FINALIZED NOTICE AND CONSENT FORM

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On April 13, 2018, the parties filed a stipulated “Notice of Eligibility to Participate in a

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Collective Action” and proposed Consent Form. (Doc. 62) The Fair Labor Standards Act authorizes

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collective actions, but limits participation in the action by providing in relevant part: “No employee

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shall be a party plaintiff to any such action unless he gives his consent in writing to become such a

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party and such consent is filed in the court in which such action is brought.” 29 U.S.C. § 216(b).

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The proposed notice includes information concerning the nature of the action, the claims

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presented by Plaintiff; how to opt-in to the action; the effects of joining or not joining the lawsuit,

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including binding effects of judgment; and the applicable deadlines. (Doc. 62 at 1-4) Thus, Court

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finds the proposed notice contains sufficient information for individuals to make informed decisions

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regarding whether to join the action as plaintiffs. See Clesceri v. Becah City Investigations &

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Protective Servs., 2011 WL 320998 (C.D. Cal. Jan. 27, 2011) (“notice under the FLSA must inform

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potential class members of the opt-in procedures and of the binding effect, on those who opt-in, of the
judgment or settlement”). Further, the parties have provided a form for the individuals to affirmatively

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indicate their consent in writing, as required by 29 U.S.C. § 216(b). (Id. at 5) However, the parties

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must amend the forms to include the specific dates for mailing and the applicable deadline for

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completing and returning the consent form.

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Pursuant to the stipulation of the parties, the Court ORDERS:

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1.

and proposed Consent Form is GRANTED;

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Preliminary approval of the “Notice of Eligibility to Participate in a Collective Action”

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Plaintiff SHALL file a finalized Notice and Consent Form no later than May 4, 2018

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including the following deadlines:

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a.

The Notice and Consent Form SHALL be mailed to potential opt-in plaintiffs no

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later than May 25, 2018; and

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b.

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consent form no later than August 8, 2018.

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3.

Any individuals seeking to opt-in to the action must complete and file the

The parties are advised the failure to comply with this Order may result in the
imposition of sanctions pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

April 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE