Taylor et al v. C& L Towing and Transport, L.L.C. et al

Filing 49

ORDER adopting 48 REPORT AND RECOMMENDATIONS re 43 MOTION to Certify Class and for Opt-In filed by James Simpson, Keith E. Taylor, Terrence McGlothlin. The Motion for Conditional Certification and for an Order Permitting Court Supervised Notice to Employees of their Opt-In Rights (Doc. 43) is GRANTED IN PART. See Order for details. Signed by Judge Paul G. Byron on 7/26/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

KEITH E. TAYLOR, TERRENCE
MCGLOTHLIN and JAMES SIMPSON,
Plaintiffs,
v.

Case No: 6:17-cv-1929-Orl-40TBS

C&L TOWING AND TRANSPORT,
L.L.C. and CARL CHASE,
Defendants.
/
ORDER
This cause is before the Court on Plaintiffs' Motion for Conditional Certification and
for an Order Permitting Court Supervised Notice to Employees of their Opt-In Rights (Doc.
43) filed on May 29, 2018. The United States Magistrate Judge has submitted a report
recommending that the motion be granted in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed July 11, 2018 (Doc. 48), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion for Conditional Certification and for an Order Permitting Court

Supervised Notice to Employees of their Opt-In Rights (Doc. 43) is GRANTED IN PART;
and the Court CONDITIONALLY CERTIES this case as a collective action for the
following class: All tow truck drivers currently or formerly employed by C & L Towing

and Transport, LLC within the three-year period immediately preceding the filing of
this case to the present.
3.

The Parties are DIRECTED to confer regarding the language of the Notice

of lawsuit and consent/opt-in form to include a provision regarding potential liability for
defense costs, and file the amended Notice and form within sever (7) days of the date
of the rendition of the district court Order.
4.

Within five (5) days from the filing of the Notice and form, Defendant

SHALL DELIVER to Plaintiff’s counsel a list containing the full names and last known
addresses of putative class members.
5.

Plaintiff’s counsel SHALL give notice to the individuals in the conditionally

certified class within twenty-one (21) days of receiving the names and addresses
from Defendant, with the following limitations:
(a) Plaintiff shall not give Notice to any person who currently has on file a consent
to join in this action.
(b) The Notice and Consent to Join shall be in the stipulated form and shall be
mailed on the same day via first class U.S. Mail to all individuals disclosed by
Defendants (other than those persons who currently are opt-in Plaintiffs in this
action) at the sole cost and expense of Plaintiffs, dated with the date of mailing,
and shall all each individual up to sixty (60) days from the date of mailing in
which to return a Consent to Join form to Plaintiffs’ counsel.
6.

Individuals who timely opt into this action are deemed parties for all

purposes under the Federal Rules of Civil Procedure pending further Order of this Court
and may be represented at any settlement or mediation by the named Plaintiffs.

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DONE AND ORDERED in Orlando, Florida on July 26, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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