Aubuchan et al v. Doe Run Resources Corporation et al

Filing 79

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs' motion for order conditionally certifying collective action [#46] is granted, and the Court conditionally certifies a class of all current and former hourly paid plant workers at Doe Run's Herculaneum facility who: (See Memorandum and Order for further details). IT IS FURTHER ORDERED that plaintiffs may send out notices consistent with Exhibits 1 and 2 to Document #78. IT IS FURTHER ORDERED that the parties shall file a joint or separate memoranda regarding mediation as set out above within 20 days iof the date the opt-in period expires. Signed by District Judge Catherine D. Perry on August 12, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHANE BOWMAN, et al.,
individually and on behalf of all
others similarly situated,
Plaintiffs,
vs.
THE DOE RUN RESOURCES
CORP., et al.,
Defendants.

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Case No. 4:13 CV 2519 CDP

MEMORANDUM AND ORDER
I have reviewed the revised class definitions filed by plaintiffs and the joint
status report filed by the parties in accordance with my July 21, 2014
Memorandum and Order. I will adopt the revised class definitions and proposed
forms of notice. I have also reviewed the parties’ respective positions regarding
mediation. After careful consideration, I will refer this case to mediation after the
opt-in period expires, and I will grant a limited stay to facilitate mediation. I say
“limited,” because if the parties need some information to conduct mediation, then
I expect them to work together in good faith to provide it to the other side despite
a stay of discovery. This is not, however, wholesale merits discovery. Counsel
involved in this case are seasoned FLSA lawyers, so I expect them to work

cooperatively to determine and exchange the information necessary to mediate this
case. I expect the attorneys to work on this issue during the opt-in period and
resolve it without further Court involvement. If, however, after diligent efforts the
parties cannot agree on this issue, then they shall file their own proposed forms of
limited discovery and stay, each with a brief memorandum setting out the areas of
disagreement and support for their position, for the Court’s consideration. If the
parties agree on the dates for referral to mediation and the length of stay, then they
shall file a joint memorandum setting out the terms of their agreement for the
Court’s consideration. These memoranda shall be filed within 20 days after the
opt-in period expires.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for order conditionally
certifying collective action [#46] is granted, and the Court conditionally certifies a
class of all current and former hourly paid plant workers at Doe Run’s
Herculaneum facility who: (1) received pay from either defendant The Doe Run
Company or Defendant All Type Contracting, LLC; (2) worked at least 38 hours
in any week in the last three years; (3) worked any shift; and (4) prior to and/or
after their scheduled shift, obtained or stowed clothing and protective equipment,
such as respirators, batteries, clothing and boots, put on and/or took off such
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clothing, respirators, and equipment, walked to their position on the line to relieve
a co-worker, and/or showered. The Court also conditionally certifies the
following subclasses: (1) all current and former hourly paid plant workers at Doe
Run’s Herculaneum facility, from April 22, 2011 to the present, who received pay
from defendant Doe Run for more than 40 hours of work in any week, worked any
shift, and did not receive overtime at the appropriate rate of, time and one-half his
or her regular rate of pay, because defendant Doe Run failed to include incentive
bonuses in the calculation of the regular rate of pay for overtime purposes; and (2)
all current and former hourly paid plant workers at Doe Run’s Herculaneum
facility, from April 22, 2011 to the present, who received pay from Defendant All
Type for at least 38 hours of work in any week, worked any shift, and prior to
and/or after their shift, obtained or stowed clothing and protective equipment such
as respirators, batteries, clothing and boots, put on and/or took off such equipment
and clothing, walked to their position on the line to relieve a co-worker, and/or
showered.
IT IS FURTHER ORDERED that plaintiffs may send out notices
consistent with Exhibits 1 and 2 to Document #78.
IT IS FURTHER ORDERED that the parties shall file a joint or separate
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memoranda regarding mediation as set out above within 20 days of the date the
opt-in period expires.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 12th day of August, 2014.

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