Mraz v. City of Manteca

Filing 21

ORDER FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION signed by District Judge Troy L. Nunley on 5/22/2017. (Attachments: # 1 Notice) (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRIS MRAZ, on behalf of himself and all
similarly situated individuals,

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Plaintiffs,
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v.

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CITY OF MANTECA,

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Defendant.

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Case No. 2:16-cv-02614-TLN-KJN
ORDER FOR CONDITIONAL
CERTIFICATION OF FLSA
COLLECTIVE ACTION AND
NOTIFICATION TO AFFECTED
INDIVIDUALS

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Having considered the parties’ Stipulation for Conditional Certification of FLSA

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Collective Action and Notification to Affected Individuals and the proposed Notice attached

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thereto, and finding that good cause exists to issue and 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.
2.

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

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consist of all current and former employees of the Defendant who received cash in lieu of health

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benefits and worked overtime in the same pay period within the three years prior to the filing of

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Plaintiffs’ action.

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3.

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

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216(b). Plaintiffs’ counsel, Mastagni Holstedt, APC, shall serve as counsel for the collective

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class.
ORDER FOR CONDITIONAL
CERTIFICATION AND FACNOTIFICATION

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MRAZ, et. al. v. CITY OF MANTECA
Case No. 2:16-cv-02614-TLN-KJN

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4.

below is appropriate:

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a.

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during the three years preceding the filing of this action, received cash in lieu of health benefits
and worked overtime during the same pay period;
b.

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(30) days from the date of this order. Defendant shall copy Plaintiffs’ counsel on any notice
emails and provide Plaintiffs’ counsel with copies of any return receipts; and
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forty-five (45) days of the date of this order.
5.

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6.

certification and authorizing notice pursuant to Hoffmann-La Roche v. Sperling, 493 U.S. 165
(1989).
7.

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

attempt to resolve this dispute promptly.

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Any deadlines currently set in this case are hereby vacated, and all proceedings

are stayed except the filing of consents to join and the issuance of this order granting conditional

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The claims of Collective Action Class members are tolled from the date of this

order to the conclusion of this action.

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Defendant shall provide Plaintiffs’ counsel a list of all putative class

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

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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 thirty

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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 individuals who, at any time

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

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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
days (120) days from the date of this order.

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ORDER FOR CONDITIONAL
CERTIFICATION AND FACNOTIFICATION

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MRAZ, et. al. v. CITY OF MANTECA
Case No. 2:16-cv-02614-TLN-KJN

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9.

Nothing in this order affects any affirmative defenses; including any statute of

limitations defense that may be asserted by Defendant in this action.

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IT IS SO ORDERED:

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Dated: May 22, 2017

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Troy L. Nunley
United States District Judge

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ORDER FOR CONDITIONAL
CERTIFICATION AND FACNOTIFICATION

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MRAZ, et. al. v. CITY OF MANTECA
Case No. 2:16-cv-02614-TLN-KJN