Hill v. Johnnys Pizza House Inc

Filing 28

ORDER granting 27 Joint Motion to Approve Stipulated Form of Notice of Collective Action. IT IS FURTHER ORDERED that Defendant will make the agreed upon disclosures to Plaintiff on or before November 13, 2015 and that, by November 30, 2015, Plaintiff will mail the agreed upon notice to all current and former delivery drivers employed by Defendant during the three year period prior to the date of this Order. Signed by Magistrate Judge Karen L Hayes on 10/19/2015. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

DONALD HILL, individually and on
behalf of similarly situated persons

CIVIL ACTION NO. 3:15-cv-01062

VERSUS

JUDGE JAMES

JOHNNY’S PIZZA HOUSE, INC.

MAGISTRATE JUDGE HAYES

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 Plaintiff Donald Hill and Defendant
Johnny’s Pizza House, Inc. 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 delivery drivers employed
by Defendant for the past three years. An FLSA action may be brought by an employee
“on 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….” [Doc. # 26, at 5]. Based on a review of Plaintiff’s Complaint
[Doc. # 1], the stipulation of the parties, and the proposed notice, the Court is satisfied that

Plaintiff has 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 Plaintiff on or before November 13, 2015 and that, by November 30, 2015, Plaintiff will
mail the agreed upon notice to all current and former delivery drivers employed by
Defendant during the three year period prior to the date of this Order.
Dated this ___ day of October, 2015.
19th

_____________________________________
U. S. Magistrate Judge

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