Gassel v. American Pizza Partners LP et al

Filing 28

MINUTE ORDER: ORDERED that the parties' Joint Motion to Approve Stipulated Form of Notice of Collective Action 27 is GRANTED. by Judge Philip A. Brimmer on 5/14/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00291-PAB-BNB
MIKE GASSEL, individually and on behalf of similarly situated persons,
Plaintiff,
v.
AMERICAN PIZZA PARTNERS, L.P., et al.,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Joint Motion to Approve Stipulated Form of
Notice of Collective Action [Docket No. 27] filed jointly by plaintiff Mike Gassel and all
defendants. The parties request that the Court approve their stipulation to conditionally
certify this case as a collective action under the FLSA and authorize that the notice
agreed to by the parties be sent to all current and former delivery drivers employed by
defendants since December 14, 2011. Docket No. 27 at 2, ¶ 3. An FLSA action may
be brought by an employee “in behalf of himself . . . and other employees similarly
situated,” but “[n]o employee shall be a party plaintiff to any such action unless he gives
his consent in writing to become such a party and such consent is filed in the court in
which such action is brought.” 29 U.S.C. § 216(b). At the “notice stage” determination,
a plaintiff can show that the putative class members are similarly situated with
“substantial allegations” that the putative class members “were together the victims of a
single decision, policy, or plan.” Thiessen v. Gen. Electric Capital Corp., 267 F.3d
1095, 1102 (10th Cir. 2001). Based upon a review of plaintiff’s amended complaint
[Docket No. 26], the stipulation of the parties, and the proposed notice, the Court is
satisfied that plaintiff has met the necessary threshold and will conditionally certify this
case as a collective action under the FLSA. It is therefore
ORDERED that the parties’ Joint Motion to Approve Stipulated Form of Notice of
Collective Action [Docket No. 27] is GRANTED. It is further
ORDERED that defendants will make the agreed upon disclosures to plaintiff on
or before May 27, 2014 and that, within 14 days of receipt of such disclosures, plaintiff
will mail the agreed upon notice to all current and former delivery drivers employed by
defendants since December 14, 2011.
DATED May 14, 2014.