Aubuchan et al v. Doe Run Resources Corporation et al

Filing 88

MEMORANDUM AND ORDER. (read order for details) To avoid any further unfairness occasioned by plaintiffs' failure to promptly notify potential class members, I will grant plaintiffs' motion to amend and require that the notices be sent out by noon on Friday, September 12, 2014. However, as plaintiffs have wasted nearly 30 days before sending out the notices, I find that the opt-in period should accordingly be reduced by 30 days out of fairness to the defendants. IT IS HEREBY ORDERED that plaintiffs' motion to amend [# 85 ] is granted as set out above, and the notice and consent to join forms shall be amended as set out above and sent out by plaintiffs no later than noon on September 12, 2014. All other Memoranda and Orders of this Court, including those pertaining to mediation, remain in full force and effect. Signed by District Judge Catherine D. Perry on 09/10/2014. (CBL)

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
This matter is before me on plaintiffs’ motion to amend. Plaintiffs seek to
revise the notice and consent forms to reflect the current attorneys representing
the opt-in class in this case, which is fine with defendants and the Court.
However, the problem is that plaintiffs have not bothered to send out the notices
and consent forms yet, even though I approved them and directed that they be
sent out August 12, 2014. Although that Memorandum and Order did not so
specify, plaintiffs were expected to send out the notices within a reasonable time
period, which certainly expired before now. Instead of promptly bringing this
issue to the Court’s attention, though, Doe Run now complains of the Court’s
alleged sua sponte indefinite tolling of the limitations period and requests that it

be lifted. The Court’s ruling was not sua sponte, as plaintiffs actually requested
a brief tolling of the limitations period while the motion was pending, nor was it
indefinite – it was clearly intended only to apply to the brief period of time
during which the motion was pending. This would never have been an issue if
the plaintiffs had promptly complied with my August 12, 2014, Memorandum
and Order. To avoid any further unfairness occasioned by plaintiffs’ failure to
promptly notify potential class members, I will grant plaintiffs’ motion to amend
and require that the notices be sent out by noon on Friday, September 12,
2014. However, as plaintiffs have wasted nearly 30 days before sending out the
notices, I find that the opt-in period should accordingly be reduced by 30 days
out of fairness to the defendants. Therefore, the notices and consent to join
forms previously approved by the Court shall also be amended where necessary
to reflect a 60 day opt-in period, rather than the previously ordered 90 day
period. I believe this adequately ameliorates any potential prejudice to the
defendants while still providing potential opt-in members with an adequate
opportunity to participate in this lawsuit.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion to amend [#85] is
granted as set out above, and the notice and consent to join forms shall be
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amended as set out above and sent out by plaintiffs no later than noon on
September 12, 2014.
All other Memoranda and Orders of this Court, including those
pertaining to mediation, remain in full force and effect.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 10th day of September, 2014.

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