Naylor v. Abco Contracting, Inc. et al

Filing 24

ORDER granting 21 Motion for Approval of Hoffman-La Roche Notice. Signed by Judge John L. Kane on 10/08/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00623-JLK-NYW
MICHEAL NAYLOR, on behalf of himself and all similarly situated persons,
Plaintiff,
v.
ABCO CONTRACTING, INC., a Colorado corporation, and
ALBERT HOOD,
Defendants.

ORDER RE: PLAINTIFF'S MOTION FOR APPROVAL OF HOFFMANLAROCHE NOTICE

Plaintiff's Motion for Approval of Hoffman-La Roche Notice (Doc. 21) is
GRANTED. The Court hereby ORDERS the following:
1.
§216(b).

This action shall proceed as a collective action pursuant to 29 U.S.C.
The parties disagree about whether the notice period should follow the

ordinary 2 year statute of limitations or the 3 year statute of limitations applicable to
“willful” violations. See Docs. 21-23; 29 U.S.C. § 255(a). The Court will adopt the 3year statute of limitations for notice purposes with the “understanding that individuals
may be challenged and severed from the collective if the basis for their joinder proves
erroneous.” Turner v. Chipotle Mexican Grill, Inc., No. 1:14-CV-02612-JLK, 2015 WL
4979770, at *7 (D. Colo. Aug. 21, 2015). Accordingly, the collective action is defined
as follows:
All current and former employees of Abco who worked as construction laborers

at any time from March 25, 2012 to present.
2.

The form of notice attached to Plaintiff’s Motion (Doc. 21-2) is approved.

3.

Within fourteen (14) days from the date this Order is entered, Defendants

shall provide to Plaintiff's counsel a list of all potential collective action members. The list
shall include each such employee's name, position, dates of employment, last-known
mailing address, e-mail address and telephone number.
4.

Within fourteen (14) days of receiving the list, Plaintiff shall send by First

Class U.S. Mail the Notice to the last known address of each of the individuals identified on the
above- referenced list.
5.

Any individuals to whom notice is sent shall "opt-in" by written consent to

this Court within forty-five (45) days from the postmark date of the notice.

Dated: October 8, 2015

s/John L. Kane
SENIOR U.S. DISTRICT JUDGE