Herring v. Thunder Ridge Trucking & Filtration, Inc.
Filing
24
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/29/15. Motion for Conditional Class Certification # 20 is GRANTED. (lgale, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00062-RM-KLM
WESTON HERRING, on behalf of himself and others similarly situated,
Plaintiff,
v.
THUNDER RIDGE TRUCKING & FILTRATION, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Conditional Class
Certification [#20] (the “Motion”). Defendant filed a Response [#22] indicating it is not
opposed to the Motion. Plaintiff seeks conditional certification of a collective action
pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act (“FLSA”). The FLSA
establishes the minimum rates of pay and “time-and-a-half” for time worked over forty hours
per week. Pursuant to 29 U.S.C. § 216(b), “[a]ny employer who violates the provisions of
section 206 or section 207 of [the FLSA] shall be liable to the employee or employees
affected in the amount of their unpaid minimum wages, or their unpaid overtime
compensation, as the case may be, and in an additional equal amount as liquidated
damages.” 29 U.S.C. § 216(b). The Court finds here that Plaintiff has demonstrated that
the potential class members are similarly situated and that a reasonable basis exists to
conditionally certify a collective action:
In this case, all truck pushers working for Thunder Ridge during the Relevant
Time Period suffered due to Thunder Ridge’s illegal payment practices.
Those violations arise from Thunder Ridge’s policy or practice of refusing to
pay overtime compensation in exchange for the substantial amount of
overtime hours that Thunder Ridge requires its truck pushers to work.
Thunder Ridge’s failure to pay its truck pushers overtime compensation for
the substantial amount of overtime hours that they worked each week
establishes a basic factual scenario experienced not only by Plaintiff, but by
all of Thunder Ridge’s truck pushers as well.
Motion [#20] at 8 (internal citations omitted); see also Brown v. Money Tree Mortg. Inc., 222
-1-
F.R.D. 676, 679 (D. Kan. 2004) (noting the “lenient” standard used to conditionally certify
a collective action under the FLSA). Accordingly,
IT IS HEREBY ORDERED that the Motion [#20] is GRANTED, as follows:
(1) The Court conditionally certifies a collective class consisting of: “All current and
former truck pushers who are or were employed by Thunder Ridge at any time from
January 9, 2012 to the present.”
(2) On or before August 14, 2015, Defendant shall produce a list of names and last
known mailing addresses, email addresses and telephone numbers for all current and
former truck pushers who worked for Thunder Ridge during the relevant period.
(3) The Court authorizes Plaintiff to disseminate the suggested notice to potential
members of this class action. See [#20-2].
(4) The notice period for potential class members shall extend through October 13,
2015.
Dated: July 29, 2015
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?