Scott, Jr. v. Crowley Distributing, Inc.

Filing 52

ORDER entered by Judge Nanette Laughrey. It is hereby ordered that by the parties stipulation, Doc. 50 , conditional class certification of class claims under § 216(b) of the Fair Labor Standards Act is granted. In view of the stipulation and entry of this order, Plaintiffs Motion for Conditional Class Certification Under § 216(b) of the FLSA, Doc. 43 , is denied as moot. (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
ROY JAMES SCOTT, SR.,
On behalf of himself and others
Similarly situated,
Plaintiffs,
Vs.
COWLEY DISTRIBUTING, INC.
(a Missouri Corporation)
Defendant.

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Case no.: 2:16-cv-04307-NKL

ORDER
The parties ask the Court to approve their Joint Stipulation for Conditional Certification,
including proposed notice and opt-in forms.

Doc. 50.

Having considered the parties’

submission, it is hereby ordered that by stipulation, conditional class certification of class claims
under § 216(b) of the Fair Labor Standards Act is granted. It is further ordered as follows:
The Court hereby conditionally certifies Plaintiffs’ collective action for all current and
former employees who worked for Defendant Cowley Distributing, Inc. at any time in the three
years preceding the date of this Order, who performed work as drivers/merchandisers while
employed by Cowley, who were paid on a set weekly salary basis, who in whole or in part
operated a motor vehicle that had a gross vehicle weight ratio of 10,000 lbs. or less, and who
were not paid at one and one-half times their regular hourly rate for hours worked over 40 in a
workweek.
Plaintiff Roy James Scott, Sr. is authorized to act as class representative and Donelon,
P.C. is authorized to act as class counsel.
Within fourteen (14) days of the date of this Order, Cowley shall provide Plaintiffs’

attorneys with a list of the names of all current and former employees who may be potential class
members, along with their last known mailing address, email address, and dates of employment.
The stipulated, proposed Notice and Consent to Join forms, Docs. 50-2 and 50-3, are
approved.
Within five (5) days after receiving the above-described list of names and other
information, Plaintiffs shall mail the Notice and Consent to Join forms, and shall use reasonable,
alternative methods for attempting to identify alternative addresses for undeliverable mail as
stipulated by the parties. Doc. 50, p. 3, ¶ 7.
The time period for opting in shall be sixty (60) days, as stipulated by the parties.
Doc. 50, p. 4, ¶8.
Within ninety (90) days of the date of this Order, the parties shall submit a joint proposed
amended scheduling order, and shall also include therein a proposed date for filing any motion to
decertify the class.
In view of the foregoing, Plaintiff’s Motion for Conditional Class Certification Under
§ 216(b) of the FLSA, Doc. 43, is denied as moot.

SO ORDERED.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: June 12, 2017
Jefferson City, Missouri

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