Reid et al v. Newalta Environmental Services, Inc.

Filing 23

ORDER granting 21 Joint Motion for Amendment of the Court's January 23, 2014 "Order Granting Motion to Certify" by Judge Christine M. Arguello on 2/4/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-03507-CMA
JOSEPH REID and
GORDON MILLER, on behalf of themselves and similarly situated employees,
Plaintiffs,
v.
NEWALTA ENVIRONMENTAL SERVICES, INC.,
Defendant.
______________________________________________________________________
ORDER GRANTING JOINT MOTION FOR AMENDMENT OF THE COURT’S
JANUARY 23, 2014 “ORDER GRANTING MOTION TO CERTIFY”
______________________________________________________________________
This matter is before the Court on the Parties’ Joint Motion for Amendment of the
Court’s January 23, 2014 “Order Granting Motion to Certify” (Doc. # 21). Upon full
consideration of the motion and all other papers and proceedings herein, it is hereby
ORDERED that the Motion for Amendment is GRANTED. The Court’s January 23,
2013 Order Granting Motion to Certify (Doc. # 18) (“January 23rd Order”) is amended as
follows:
1. Paragraph 4 is amended to read:
Within one (1) business day of the entry of this Order, Plaintiffs’
counsel will send to Defendant’s counsel (via priority overnight mail)
notice packages enclosed within unsealed envelopes bearing Plaintiff’s
counsel’s return address and containing finalized copies of the
attached approved amended “Notice of Collective Action Lawsuit” (as
docketed at 21-1), the “Opt-In Consent Form” (as docketed at 12-2),
and a postage-paid return envelope bearing Plaintiffs’ counsel’s
address (collectively, the “Notice Package”). Plaintiff’s counsel will pay
all postage and printing costs associated with the preparation and
mailing of the Notice Packages. Upon receipt of the Notice Packages,
Defendant’s counsel will seal the Notice Package envelopes and
address the Notice Package envelopes with each Putative Collective
Action Member’s last known address and, within three (3) business

days of the entry of this Order, mail the Notice Package to each
Putative Collective Action Member. If any Notice Package is returned
with a forwarding address, Plaintiff’s counsel will promptly re-mail the
Notice Package to the forwarding address. If any Notice Package is
returned as undeliverable, Plaintiffs’ counsel will take all reasonable
steps to locate alternative addresses for the intended recipient and will
promptly re-mail the Notice Package to the alternative address.
2. Paragraph 5 is amended to read:
Within five (5) business days of the entry of this order, Defendant’s
counsel shall file with the Court a declaration confirming that he/she
fulfilled the mailing obligations in accordance with paragraph 4. Such
declaration shall include a list of the Putative Collective Action
Members to whom the Notice Package was sent identified by name.
3. Except as modified in paragraphs 1-2 above, all other aspects of the January
23rd Order (Doc. # 18) remain in effect.
DATED: February

04 , 2014

BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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