Ashely v. Youngblood et al

Filing 68

ORDER Granting Final Approval of the Notice of Eligibility to Participate in a Collective Action and Consent Form, signed by Magistrate Judge Jennifer L. Thurston on 5/8/2018. The Court ORDERS: (1) Final approval of the "Notice of Eligibility to Participate in a Collective Action" and proposed Consent Form is GRANTED; and (2) The Notice and Consent Form SHALL be mailed to potential opt-in plaintiffs no later than May 25, 2018. (Valdez, E)

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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 FINAL APPROVAL OF
THE NOTICE OF ELIGIBILITY TO
PARTICIPATE IN A COLLECTIVE ACTION
AND CONSENT FORM

Previously, the Court granted preliminary approval of the “Notice of Eligibility to Participate

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in a Collective Action” and proposed Consent Form, and directed Plaintiff to file a finalized document

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with the deadlines identified by the Court. (Doc. 66) On May 4, 2018, Plaintiff filed the final Notice

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and Consent Form that will be mailed to the potential opt-in plaintiffs. (Doc. 67)

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The finalized document includes identifies the nature of the action, the claims presented by

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

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effects of judgment; and the applicable deadlines. (Doc. 67 at 1-4) Thus, the notice contains sufficient

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information for individuals to make informed decisions regarding whether to join the action. See

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Clesceri v. Beach City Investigations & Protective Servs., 2011 WL 320998 (C.D. Cal. Jan. 27, 2011)

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(“notice under the FLSA must inform potential class members of the opt-in procedures and of the

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binding effect, on those who opt-in, of the judgment or settlement”). Further, the parties provided a

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form for individuals to affirmatively indicate their consent to join as plaintiffs in writing, as required by
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29 U.S.C. § 216(b). (Doc. 67 at 5)

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Accordingly, the Court ORDERS:

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1.

proposed Consent Form is GRANTED; and

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

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The Notice and Consent Form SHALL be mailed to potential opt-in plaintiffs no later
than May 25, 2018.

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IT IS SO ORDERED.
Dated:

May 8, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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