Totte et al v. Quick Lane Oil & Lube et al

Filing 36

ORDER AS TO COLLECTIVE ACTION PROCEDURES Signed by District Judge Avern Cohn. (Attachments: # 1 Exhibit A) (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TOM TOTTE, CODY HITCH and
JOHN MERRELL, individually and
on behalf of others similarly situated,
Plaintiffs,
v.

Case No. 16-12850

QUICK LANE OIL & LUBE, INC., a
Michigan for-profit company, and
TALHA HARES, its owner,
Defendants.

HON. AVERN COHN

___________________________________/
ORDER AS TO COLLECTIVE ACTION PROCEDURES
In its Decision Granting Plaintiffs’ Motion for Conditional Certification of a
Collective Action under the Fair Labor Standards Act (FLSA), (Doc. 33), the Court
conditionally certified a collective action of:
All current and former employees who worked for Quick Lane Oil & Lube,
Inc. as oil change technicians between August 2, 2013 and August 2,
2016 and who were not compensated for all hours worked including one
and one-half the regular rate for hours in excess of 40 in a workweek.
The Court enters this order to establish procedures which will govern the sending of
opt-in notices to potential plaintiffs and other matters.
1. The Court approves the opt-in notice, attached as Exhibit A, which is to be sent
to the potential opt-in plaintiffs by a third-party claims administrator of
defendants’ choosing by U.S. mail;

2. Within 30 days of entry of this order, defendants shall furnish to the claims
administrator a list of all persons meeting the above description of the collective
action;
3. The list shall include the full name and last known address of each potential
opt-in plaintiff meeting the description;
4. The Court authorizes the claims administrator to promptly disseminate the
approved opt-in notice and consent form to all potential plaintiffs pursuant to the
respective provisions of the FLSA, 29 U.S.C. § 216(b);
5. No later than 90 days after opt-in notices are sent, the claims administrator shall
file with the Court any and all consent forms that are received by the claims
administrator and postmarked by opt-in plaintiffs within the 60 days allotted; and
6. Defendants shall be responsible for the charges of the claims administrator.

SO ORDERED.

s/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: April 28, 2017
Detroit, Michigan

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