Galindo v. CCRC, Inc. et al.

Filing 55

ORDER; 54 Renewed Joint Motion for Order is granted. Opt-In Plaintiff Gabriel Quezada affirmatively opted-in to this action. [Doc. No.43-1 at p. 4] by Magistrate Judge Kathleen M. Tafoya on 5/14/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 14-cv-00725-KMT
LUIS GALINDO on his own behalf and
on behalf of all others similarly situated,
Plaintiff,
v.
CCRC, INC. d/b/a AGAVE MEXICO BISTRO
AND TEQUILA HOUSE, M. DEL R.C., INC. and
RENE CERVANTES, JR.
Defendants.

[PROPOSED] ORDER
XXXXXXX

This matter is before the court on the Renewed Joint Motion for Order [Doc. No.
54]. Having considered the Motion and being otherwise fully advised in the premises, I
grant the motion and enter appropriate orders.
THEREFORE, IT IS ORDERED as follows:
1. Opt-In Plaintiff Gabriel Quezada affirmatively opted-in to this action. [Doc. No.
43-1 at p. 4]
2. The Notice of Your Right to Join Unpaid Overtime Lawsuit [Doc. No. 17-1] and
the Consent to Join form filed by Plaintiff Quezada [Doc. No. 43-1 at p. 4] both describe
Plaintiff Quezada’s consent to be governed by the terms of any settlement reached by
the named Plaintiff in this action.

3. Because Opt-In Plaintiff Quezada affirmatively opted-in to the action, he will be
bound by the terms any settlement agreement reached between the parties in this
action. See, Deem v. Triplett Striping, Inc., 2012 WL 5353607, at *1 (S.D. Ind. Oct. 30,
2012) report and recommendation adopted, 2012 WL 5845328 (S.D. Ind. Nov. 19,
2012) (“[O]nce an employee consents to being part of the collective action, any
settlement or adjudication of the claims by the named Plaintiffs also binds the unnamed
collective group members.); Tijero v. Aaron Bros., Inc., 2013 WL 60464, at *8 (N.D. Cal.
Jan. 2, 2013) (“…those claimants who affirmatively opt-in by providing a written consent
are bound by the results of the action.”) (citing McElmurry v. U.S. Bank Nat. Ass'n, 495
F.3d 1136, 1139 (9th Cir.2007); La Parne v. Monex Deposit Co., 2010 WL 4916606, at
*3 (C.D. Cal. 2010) (“only class members who affirmatively ‘opt-in’ to the Settlement
should be bound by the Settlement's release of FLSA liability”).

IT IS SO ORDERED this ___ day of _______, 2015, at Denver, Colorado.
14th
May

BY THE COURT:

____________________________
Kathleen M. Tafoya
United States Magistrate Judge

Approved by:
S/ Brandt Milstein
595 Canyon Boulevard
Boulder, CO 80302
303.440.8780
[e-mail]

S/ Frank Suyat
455 Sherman Street, Suite 300
Denver, CO 80203
303.777.3737
[e-mail]

Attorney for Plaintiff

Attorney for Defendants