Robinson et al v. Hyundai of Matteson LLC

Filing 4

MEMORANDUM Order: This memorandum order is issued sua sponte because of one obvious (and significant) error in the Complaint. The word "opt-out" in Complaint paragraph 2 is stricken and is replaced by "proposed opt-in." Signed by the Honorable Milton I. Shadur on 6/7/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

LISA ROBINSON and LESTER RODGERS,
Plaintiffs,
v.
HYUNDAI OF MATTESON, LLC,
Defendant.

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Case No. 16 C 5821

MEMORANDUM ORDER
This action, brought last week by Lisa Robinson ("Robinson") and Lester Rodgers
("Rodgers") against their employer Hyundai of Matteson, LLC, charges it with violations of the
Fair Labor Standards Act (the "Federal Act") and the Illinois Minimum Wage Law (the "Illinois
Law"). That Illinois Law claim is advanced under the supplemental jurisdiction provisions of
28 U.S.C. § 1367(a). Although no view is expressed here as to the substantive merits of
plaintiffs' contentions, this memorandum order is issued sua sponte because of one obvious (and
significant) error in the Complaint.
Complaint ¶ 2 begins with this allegation:
Plaintiffs bring this case as an opt-out collective action under the FLSA on behalf
of themselves and the Class, . . . .
But that is dead wrong, because the Federal Act is expressly framed in potential opt-in rather
than opt-out terms. Federal Act § 16(b) (29 U.S.C. § 216(b)) is unambiguous on that score,
providing that persons may join as plaintiffs only by filing specific consents to do so.
Indeed, it is particularly difficult to understand counsel's error in that respect, because
Complaint Exs. A and B are copies of such consents by Robinson and Rodgers -- indeed,

Complaint ¶ 2 refers specifically to those consents and asserts correctly that they are "in
compliance with Section 16(b) of the FLSA." Accordingly the word "opt-out" in Complaint ¶ 2
is stricken and is replaced by "proposed opt-in." Finally, this Court is contemporaneously
issuing its customary initial scheduling order.

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Milton I. Shadur
Senior United States District Judge
Date: June 7, 2016

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