Gibbs v. MLK Express Services, LLC et al

Filing 184

ORDERED: The proposed notices (Docs. 180; 181; 182), construed as motions to approve the notices, are DENIED without prejudice. The Clerk is DIRECTED to file a copy of this Order in Burns v. MLK Express Services, LLC, 2:18-cv-00625-TJC-MRM. Signed by Judge Sheri Polster Chappell on 4/17/2020. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GREGORY GIBBS and TATONYA
HUGGINS, on behalf of himself and
those similarly situated
Plaintiffs,
v.

Case No.: 2:18-cv-434-FtM-38MRM

MLK EXPRESS SERVICES, LLC,
AMAZON LOGISTICS, INC.,
AMAZON.COM SERVICES, INC.,
MANIHONG M. PHANOUVONG,
LILA V. PHANOUVONG,
AMAZON.COM, INC. and AG PLUS
EXPRESS, LLC,
Defendants.
/
ORDER1
Before the Court is a sua sponte review of the file. This is a Fair Labor Standards
Act collective action. The parties filed their proposed notice forms for the Court’s review
and approval. (Docs. 180; 181; 182). Given the dismissal of a related collective action—
Burns v. MLK Express Services, LLC, 2:18-cv-00625-TJC-MRM (M.D. Fla.) (Doc. 37)—
the parties’ notices here need revisions, particularly Defendants’ notice discussing the
Burns collective action. So the proposed notices, construed as motions to approve the
notices, are denied in their current form. The Burns Plaintiffs will file a notice about how
they will proceed on or before May 5, 2020. At that point, the path forward in this case

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will be in better view. And the Court will set another deadline for the parties to file
amended motions to approve the proposed notice forms. In the meantime, the Court
encourages the parties to work towards a joint proposed form, and file an unopposed
motion for approval, so the final notices can issue as soon as possible.
Accordingly, it is now
ORDERED:
1. The proposed notices (Docs. 180; 181; 182), construed as motions to approve
the notices, are DENIED.
2. The Clerk is DIRECTED to file a copy of this Order in Burns v. MLK Express
Services, LLC, 2:18-cv-00625-TJC-MRM.
DONE and ORDERED in Fort Myers, Florida this 17th day of April, 2020.

Copies: All Parties of Record

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