Madison v. United Site Services of Florida, Inc.

Filing 35

ORDER adopting Report and Recommendations - re 33 Report and Recommendations. Granting in part and denying in part 32 Revised Joint Stipulation for Conditional Certification of FLSA Collective. This case is CONDITIONALLY CERTIFIED as a collective action. Jermaine Madison is APPOINTED as class representative. The Notice and Consent Form (Doc. 32-1) is APPROVED. The motion is DENIED in all other respects. Signed by Judge Carlos E. Mendoza on 9/27/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JERMAINE MADISON,
Plaintiff,
v.

Case No: 6:16-cv-1991-Orl-41DCI

UNITED SITE SERVICES OF
FLORIDA, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Revised Joint Stipulation for Conditional
Certification of FLSA Collective (Doc. 32). United States Magistrate Judge Daniel C. Irick issued
a Report and Recommendation (Doc. 33), in which he recommends that the motion be granted in
part and denied in part.
After a de novo review of the record, and noting that no objections were timely filed, the
Court agrees with the analysis in the Report and Recommendation. Therefore, it is ORDERED
and ADJUDGED as follows:
1. The parties’ Revised Joint Stipulation for Conditional Certification of FLSA
Collective (Doc. 32) is GRANTED in part and DENIED in part.
2. The Report and Recommendation (Doc. 33) is ADOPTED and CONFIRMED and
made a part of this Order.
3. This case is CONDITIONALLY CERTIFIED as a collective action for the
following class: All service technicians and pick-up and delivery technicians who
1) worked at Defendant’s Orlando location during the three years preceding the
date of this Order and 2) who claim they were not paid all overtime wages owed as
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a result of Defendant’s automatic deduction of time for lunch breaks during which
they worked.
4. Jermaine Madison is APPOINTED as class representative.
5. The Notice and Consent Form (Doc. 32-1) is APPROVED. The Notice shall be
amended to base both (i) the date from which overtime claims may be asserted and
(ii) the deadline to file consent forms, upon the date of this Order.
6. On or before October 2, 2017, Defendant shall provide Plaintiff with a list
containing the name, last known address, hire and termination dates (if applicable),
and last job title of all service technicians and pick-up and delivery technicians who
worked at Defendant’s Orlando location during the three years preceding the date
of this Order.
7. Within five days of receiving the above list, Plaintiff shall send the approved
Notice and Consent Form with a self-addressed return envelope to each putative
class member via first class mail.
8. The motion is DENIED in all other respects.
DONE and ORDERED in Orlando, Florida on September 27, 2017.

Copies furnished to:
Counsel of Record

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