CERJANEC v. FCA US LLC

Filing 90

ORDER ON 41 MOTION FOR CERTIFICATION. Signed by District Judge Laurie J. Michelson. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAN CERJANEC, RODRIGO BRAVO,
MARK MODLIN, and WILLIAM
WINFREY, on behalf of themselves and all
others similarly situated;

Case No. 17-10619
Honorable Laurie J. Michelson

Plaintiffs,
v.
FCA US, LLC,
Defendant.
ORDER ON PLAINTIFFS’ MOTION FOR CONDITIONAL CERTIFICATION [41]
Named Plaintiffs are current and former employees of Fiat Chrysler Automobiles (FCA).
They allege that an employee-evaluation policy has a disparate impact on employees aged 55 and
older. As a result of this policy, Plaintiffs, and others like them, allegedly received lower evaluation
scores which resulted in missed career advancements, bonuses, placement on probation, and, in
some cases, termination. Plaintiffs additionally bring individual claims of intentional age
discrimination.
Plaintiffs now move to conditionally certify the ADEA collective action. (ECF No. 41.)
The motion to conditionally certify is fully briefed (ECF Nos. 41, 66, 78) and the Court held a
hearing on the motion on June 7, 2019 and July 19, 2019.
The Court will continue to hold a portion of this motion under advisement regarding
Defendant’s statute of limitations argument.
IT IS HEREBY ORDERED, for the reasons set forth more fully on the record in the Court’s
oral ruling, that by Friday, August 2, 2019, the parties will either submit an agreed-upon notice to

potential class members or will provide simultaneous briefing on the portions of the notice that are
agreed upon and the portions that are disputed, discussing each side’s position.
IT IS FURTHER ORDERED THAT the Court will hold a telephonic status conference on
August 12, 2019 at 1:00 PM.
IT IS SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Date: July 22, 2019

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the
attorneys and/or parties of record by electronic means or U.S. Mail on July 22, 2019.
s/William Barkholz
Case Manager to
Honorable Laurie J. Michelson

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