Thomas v. City of Folsom

Filing 20

ORDER signed by Senior Judge William B. Shubb on 2/14/2017 GRANTING Conditional Certification and Facilitated Notice pursuant to 29 U.S.C. § 216(b); ORDERING the parties to submit a joint status report within one hundred twenty (120) days, detailing their efforts taken to resolve this dispute and the current status of the case. (Michel, G.)

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRIAN THOMAS, et al. on behalf of himself
and all similarly situated individuals,

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Plaintiff,
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v.

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CITY OF FOLSOM,
Defendant.

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Case 2:16-cv-02038-WBS-KJN
ORDER GRANTING
CONDITIONAL CERTIFICATION AND
FACILITATED NOTICE PURSUANT 29
U.S.C. § 216(b)

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Having considered the parties’ Stipulation for Conditional Certification of FLSA

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Collective Action and Facilitated Notice, and the proposed Notice attached thereto, and finding

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that good cause exists to issue an order pursuant to said stipulation,

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IT IS HEREBY ORDERED THAT:

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1.

This action satisfies the requirements for conditional certification as a "Collective

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Action" under the Federal Labor Standards Act (FLSA). The questions of law and fact common

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to the members of the class predominate over questions relevant only to individual members of

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the collective class and class adjudication is superior to any other method of adjudication for the

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fair and efficient adjudication of this matter.

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2.

For purposes of conditional certification, the FLSA Collective Action Class shall

consist of all current and former employees of the Defendant who worked overtime and received
[PROPOSED] ORDER FOR CONDITIONAL
CERTIFICATION AND NOTICE

THOMAS, et al. v. CITY OF FOLSOM
Case No. 2:16-cv-02038-WBS-KJN

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cash payments in lieu of health benefits payments at any time since August 25, 2013.
3.

216(b). Plaintiff, Brian Thomas, shall be appointed collective action representative. Plaintiff’s
counsel, Mastagni Holstedt, APC, shall serve as counsel for the collective class.
4.

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a.

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received cash in lieu of health benefits payments at any time since August 25, 2013;
b.

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Defendant may administer the notification process, and will send notices

by City email or certified mail with return receipt, to all putative class members within forty-five
(45) days from the date of this order. Defendant shall copy Plaintiff’s counsel on any notice
emails and provide Plaintiff’s counsel with copies of any return receipts.

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Notification shall be made by sending a “Notice of Action” in the form of

the notice attached as Attachment B to the parties stipulation to all who worked overtime and

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Notification of this action in the manner set forth in subsections (a) through (c)

below is appropriate:

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This action is conditionally certified as a collective action under 29 U.S.C. §

c.

Defendant shall provide Plaintiff’s counsel a list of all putative class

members’ names, last known mailing addresses, email addresses, and phone numbers.
5.

The parties shall use informal discovery and early settlement negotiations in an

attempt to resolve this dispute promptly.
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The parties are ordered to submit a joint status report to this Court detailing their

efforts taken to resolve this dispute and the current status of the case within one hundred twenty
(120) days from the date of this order.

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IT IS SO ORDERED:
Dated: February 14, 2017

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[PROPOSED] ORDER FOR CONDITIONAL
CERTIFICATION AND NOTICE

THOMAS, et al. v. CITY OF FOLSOM
Case No. 2:16-cv-02038-WBS-KJN