Holmes v. Swissport Fueling, Inc. et al
Filing
73
ORDER adopting #72 REPORT AND RECOMMENDATIONS re #50 MOTION to Certify Class Conditional Certification and Permission to Send Court-Supervised Notification Pursuant to FLSA and Incorporated Memorandum of Law filed by Ethan A. Holmes. The Report and Recommendation #72 is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Ethan Holmes' Motion for Conditional Certification and Permission to Send Court-Supervised Notification #50 is GRANTED in part and DENIED in part as follows:a. The Court grants conditional certification under 29 U.S.C. 216(b) based on the following modified class definition: All current and former aircraft fuelers employed by Swissport Fueling, Inc. or Swissport SA Fuel Services, LLC at the Southwest Florida International Airport in the past three (3) years, who were not paid for all hours actually worked as a result of either of the following two auto-deduction policies: (1) an auto-deduction that deducted thirty (30) minutes from every workday for meal breaks, but required the employee to work during this time period; and/or (2) an auto-deduction for rounding start and end times. b.Plaintiff is DIRECTED to file an amended proposed Notice and Consent consistent with this Order and the Report and Recommendation on or before October 2, 2017, for the Court's further consideration and approval. c. Defendants may file objections to Plaintiff's amended proposed Notice and Consent on or before October 9, 2017, for the Court's further consideration and approval. d. The Court denies Plaintiff's Motion to the extent he seeks any greater or other relief than is recommended in the Report and Recommendation and adopted by this Order. (3)Upon the Court's approval of the final form of the Notice and Consent, the Court will set a schedule for: a.Defendants to produce to Plaintiff the names and last known addresses of all aircraft fuelers employed by Defendants at Southwest Florida International Airport within the past three (3) years from the date the Notice is mailed; b. Plaintiff to mail the Notice; c. Plaintiff to file all Consents to Join with this Court; and d. The parties to file an Amended Case Management Report addressing the remaining case management deadlines in this case. Signed by Judge Sheri Polster Chappell on 9/19/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ETHAN A. HOLMES, for himself and on
behalf of those similarly situated
Plaintiff,
v.
Case No: 2:16-cv-669-FtM-38MRM
SWISSPORT FUELING, INC. and
SWISSPORT SA FUEL SERVICES, LLC,
Defendants.
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OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation. (Doc. 72). Judge McCoy recommends granting
in part and denying in part Plaintiff Ethan Holmes’ Motion for Conditional Certification and
Permission to Send Court-Supervised Notification (Doc. 50). Neither party objects to the
Report and Recommendation, and the time to do so has expired. Thus, the Report and
Recommendation is ripe for review.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
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The Court accepts no responsibility for the availability or functionality of any hyperlink.
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not affect the opinion of the Court.
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file carefully and independently, and upon considering Judge
McCoy’s findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 72) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Plaintiff Ethan Holmes’ Motion for Conditional Certification and Permission to
Send Court-Supervised Notification (Doc. 50) is GRANTED in part and
DENIED in part as follows:
a. The Court grants conditional certification under 29 U.S.C. § 216(b)
based on the following modified class definition:
All current and former aircraft fuelers employed
by Swissport Fueling, Inc. or Swissport SA Fuel
Services, LLC at the Southwest Florida
International Airport in the past three (3) years,
who were not paid for all hours actually worked
as a result of either of the following two autodeduction policies: (1) an auto-deduction that
deducted thirty (30) minutes from every workday
for meal breaks, but required the employee to
work during this time period; and/or (2) an autodeduction for rounding start and end times.
b. Plaintiff is DIRECTED to file an amended proposed Notice and Consent
consistent with this Order and the Report and Recommendation on or
2
before October 2, 2017, for the Court’s further consideration and
approval.
c. Defendants may file objections to Plaintiff’s amended proposed Notice
and Consent on or before October 9, 2017, for the Court’s further
consideration and approval.
d. The Court denies Plaintiff’s Motion to the extent he seeks any greater or
other relief than is recommended in the Report and Recommendation
and adopted by this Order.
(3) Upon the Court’s approval of the final form of the Notice and Consent, the Court
will set a schedule for:
a. Defendants to produce to Plaintiff the names and last known addresses
of all aircraft fuelers employed by Defendants at Southwest Florida
International Airport within the past three (3) years from the date the
Notice is mailed;
b. Plaintiff to mail the Notice;
c. Plaintiff to file all Consents to Join with this Court; and
d. The parties to file an Amended Case Management Report addressing
the remaining case management deadlines in this case.
DONE and ORDERED in Fort Myers, Florida this 19th day of September, 2017.
Copies: All Parties of Record
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