Smith v. Cable Wiring Specialist, Inc.

Filing 24

ORDER approving 23 Revised Notice of Lawsuit. Plaintiff may provide notice to putative class members as provided in the Order. Signed by Judge John E. Steele on 10/31/2014. (MAW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AARON SMITH, individually &
on
behalf
of
similarly
situated,
Plaintiff,
v.
CABLE
INC.,

Case No: 2:14-cv-277-FtM-29DNF
WIRING

SPECIALIST,

Defendant.
ORDER
This matter comes before the Court on Plaintiff’s Notice of
Filing Revised Proposed Notice of Lawsuit (Doc. #23) filed on
October 7, 2014.

On July 29, 2014, Plaintiff filed a Motion for

Conditional Certification and Facilitation of Court-Authorized
Notice (Doc. #19).
the

Court

deficiencies

In its September 25, 2014 Order (Doc. #22),

granted
in

conditional

Plaintiff’s

certification,

proposed

notice,

noted

certain

and

directed

Plaintiff to file a revised notice correcting those deficiencies.
(Id.)

Plaintiff filed its Revised Notice of Lawsuit (Doc. #23-1)

on October 7, 2014, and Defendant was given until October 24, 2014
to file any objections.

No objections were filed.

Having reviewed Plaintiff’s Revised Notice of Lawsuit (Doc.
#23-1), the Court will permit Plaintiff to provide it to putative

class members.

However, the Court notes that Plaintiff’s proposed

Consent to Join Form (Doc. #19-3) must be modified to reflect that
the

Count

defined

the

conditionally-certified

class

as

“individuals who worked for Defendant as cable installers or
technicians between May 20, 2011 and July 31, 2012, were paid a
piece rate, and did not receive additional pay for all overtime
hours worked in excess of forty within a work week.”

With that

modification, the Court approves the Proposed Consent to Join Form.
Accordingly, it is hereby
ORDERED:
1.

Counsel for Plaintiff is authorized to provide notice of

this lawsuit to putative class members on or before November 14,
2014 pursuant to the Revised Notice of Lawsuit (Doc. #23-1) and
Consent to Join Form (Doc. #19-3), as modified herein.
2.

The Notice and Consent to Join Form shall be mailed via

first class U.S. Mail, at the sole cost and expense of Plaintiff,
to all putative class members.
3.

Putative class members shall have until January 14, 2014

to complete and return Consent to Join Forms to Plaintiff’s
counsel.
4.

From

November

14,

2014

through

January

14,

2014,

Defendant shall post a copy of the Notice in each of its locations

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where a putative class member is employed, in a conspicuous place
where putative class members are likely to see it.
DONE and ORDERED at Fort Myers, Florida, this
of October, 2014.

Copies:
Counsel of Record

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31st

day