Trisler et al v. LifeShare Blood Centers

Filing 20

ORDER granting 18 Joint Motion to Approve Stipulated Form of Notice of Collective Action. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/15/2017. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

NATASHA TRISLER, ET AL

CIVIL ACTION NO. 1:17-CV-00421

VERSUS

CHIEF JUDGE DEE D. DRELL

LIFESHARE BLOOD CENTERS

MAGISTRATE JUDGE PEREZ-MONTES

ORDER APPROVING STIPULATED FORM
OF NOTICE OF COLLECTIVE ACTION
This matter is before the Court on the Joint Motion to Approve Stipulated Form of Notice
of Collective Action Lawsuit filed jointly by Plaintiffs, Natasha Trisler and Heather Savage, and
Defendant, LifeShare Blood Centers. The parties request that the Court approve their stipulation
to conditionally certify this case as a collective action under the FLSA and authorize that notices
agreed to by the parties be sent to all current and former employees of Life Share Blood Centers
(excluding the Lake Charles center employees) who performed donor technician services at
mobile blood drives during the past three years. An FLSA action may be brought by an
employee “in behalf of himself…and all other employees similarly situated,” but “[n]o employee
shall be a party plaintiff to any such action unless he gives his consent in writing to become such
a party and such consent is filed with the court in which such action is brought. 29 U.S.C.
§ 216(b). At the initial notice stage, the “courts appear to require nothing more than substantial
allegations that the putative class members were together the victims of a single decision, policy
or plan….” Mooney v. Aramco Servs. Co., 54 F.3d 1207, 1213 fn. 8 (5th Cir. 1995), overruled on
other grounds by Desert Palace, Inc. v. Costa, 539 U.S. 90, 123 S. Ct. 2148 (2003); Lusardi v.
Xerox Corp., 118 F.R.D. 351 (D. N.J. 1987). Based on a review of Plaintiffs’ Petition, the
stipulation of the parties, and the proposed notice, the Court is satisfied that Plaintiffs have met

the necessary threshold and will conditionally certify the case as a collective action under the
FLSA.
IT IS THEREFORE ORDERED that the parties’ Joint Motion to Approve Stipulated
Form of Notice of Collective Action is GRANTED.
IT IS FURTHER ORDERED that Defendant will make the agreed upon disclosures to
Plaintiffs within seven days (7) days after entry of this Order and that, no later than ten (10) days
after receiving the list, counsel for Plaintiffs will mail the agreed upon notice via first class mail
to all current and former employees of Life Share Blood Centers (excluding the Lake Charles
center employees) who performed donor technician services at mobile blood drives during the
three year period prior to the date of this Order. Plaintiffs’ counsel shall also include a selfaddressed, stamped envelope in the mailing. Plaintiffs’ counsel may, at their own expense, hire a
class action administration company to oversee the mailing the notice and forms.
IT IS FURTHER ORDERED that Plaintiffs’ counsel shall file an advisory of any sending
of such notices with the Court within three (3) business days of doing so. In such advisories,
Plaintiffs’ counsel shall specify the date and manner of service by which notices were sent.
May
15
Dated this ___ day of _____________, 2017.

__________________________________________
Judge

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