Birdie v. Brandi's Hope Community Services, LLC et al

Filing 78

ORDER granting 73 Joint Motion for Additional Distribution of Notice, signed by Honorable David C. Bramlette, III on December 8, 2017 (JBR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
RENZA BIRDIE, on behalf of herself
and those similarly situated
v.

PLAINTIFF
CAUSE NO. 5:17-cv-21-DCB-MTP

BRANDI’S HOPE COMMUNITY SERVICES, LLC,
and DANNY COWART

DEFENDANTS

ORDER GRANTING JOINT MOTION FOR
ADDITIONAL DISTRIBUTION OF NOTICE
This cause is before the Court on the parties’ Joint Motion
for Additional Distribution of Notice [Doc. 73]. Having reviewed
the motion, the Court finds and orders as follows:
1.
class

On June 14, 2017, the Court conditionally certified a

of

all

Direct

Support

Professionals,

or

Direct

Care

Professionals, employed by Defendants who stayed with a client
overnight at any time since February 24, 2014.
2.

To notify putative class members, the Court ordered

dissemination of notice by U.S. Mail and email. The Court also
approved the sending of a reminder postcard by mail and email.
3.

Counsel for Plaintiff and counsel for Defendants have

determined

that

the

initial

class

list

did

not

include

all

individuals who worked as Direct Support Professionals, or Direct
Care Professionals, for Defendants and who stayed with a client
overnight since February 24, 2014.

4.

The parties agree and the Court hereby approves that all

current and former employees of Defendants who have not already
been sent notice or opted-in to the lawsuit and who worked within
the relevant time period shall receive notice of the lawsuit, so
that all employees who were subject to the pay policy at-issue in
this case have an opportunity to join the collective action.
5.

Over 600 additional employees will receive the notice

approved herein. To reduce the number of potential opt-ins who
were not in fact subject to the pay policy at-issue, the additional
notice shall read as follows:
I was employed as a Direct Support Professional, or
Direct Care Professional, for Brandi's Hope Community
Services,
LLC
and
Danny
Cowart
(collectively
"Defendant"). At some time after February 24, 2014, I
clocked-out at some time in the night, but remained with
one or more clients of Defendant until sometime the next
morning, and I did not get paid for some or all of that
time that I remained with the client(s). I understand
this lawsuit is being brought under the Fair Labor
Standards
Act
for
unpaid
regular
and
overtime
compensation. I consent to becoming a party-plaintiff in
this lawsuit, to be represented by Sanford Law Firm,
PLLC, and to be bound by any settlement of this action
or adjudication by the Court.
6.

Defendants

provided

contact

information

for

all

individuals entitled to receive the new notice to counsel for
Plaintiff. If Defendants have received new contact information for
any of these individuals since the date the contact information
was

first

provided,

Defendants

must

provide

the

new

contact

information to counsel for Plaintiff no later than seven days after
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the entry of this Order.
7.

Plaintiff is hereby authorized to send notice by both

mail and email, including a reminder postcard and email, in the
same manner as was previously authorized by this Court to the over
600 employees who have not been sent notice or filed a Consent to
Join herein.
8.

The individuals who are sent the notice shall file their

Consents to Join during the ninety-day period beginning on the
date the notice is mailed, which the parties agree should begin
fourteen days after the entry of this Order.
9.

A new scheduling order shall be entered to accommodate

the new notice period.
10.

The text Notice and Consent to Join attached to the Joint

Motion for Additional Distribution of Notice are hereby approved.
The documents should be modified to reflect the new deadline to
file Consents to Join.
11.

Because the employees who have not yet received notice

may have been entitled to notice when it was originally sent in
June 2017, the individuals who opt-in after receiving the Notice
authorized herein shall receive equitable tolling of their claims,
and any Consents to Join filed on behalf of these individuals
through 11:59 p.m. on the date ninety days after notice is mailed
shall be deemed to have been filed on September 28, 2017, for the
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purposes of equitable tolling.
ACCORDINGLY,
IT IS HEREBY ORDERED that the Joint Motion for Additional
Distribution of Notice [Doc. 73] is GRANTED.
SO ORDERED, this the 8th day of December, 2017.

/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE

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