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)

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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 2

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