Williamson v. Ameriflow Energy Services, LLC

Filing 94

ORDER PROHIBITING UNAUTHORIZED SOLICITATION by Magistrate Judge Gregory J. Fouratt. Defendants' Motion 87 is hereby GRANTED. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

RANDY WILLIAMSON, on behalf
of himself and all others similarly situated,
Plaintiff,
v.

Civ. No. 15‐878 MCA/GJF

AMERIFLOW ENERGY SERVICES
L.L.C., CRESCENT SERVICES L.L.C.,
and CRESCENT CONSULTING L.L.C.,
Defendants.

ORDER PROHIBITING UNAUTHORIZED SOLICITATION
THIS MATTER comes before the Court on Defendants’ “Joint Opposed Emergency
Motion Seeking Prohibition of Unauthorized Solicitation and Related Relief, With Brief in
Support” (“Motion”). ECF No. 87. Following the filing of Defendants’ Motion, the Court
ordered supplemental briefing [ECF No. 88], which all parties timely submitted. ECF Nos. 89,
91.

Additionally, the Court held a hearing on December 9, 2016, to entertain argument from

counsel.
Having now reviewed the briefs and heard arguments of counsel, the Court hereby
GRANTS Defendants’ Motion and ORDERS as follows:
IT IS HEREBY ORDERED that Plaintiff may provide notice through United States
mail only to the four putative collective members whose current physical addresses have been
obtained through telephone contact by his office.
IT IS FURTHER ORDERED that Plaintiff may provide notice through United States
mail only to any other putative collective member whose current physical address was located by

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a third-party “skip tracing” company and found to be different from the physical address
provided by Defendants.
IT IS FURTHER ORDERED that Plaintiff shall disclose to Defendants the list of all
putative collective members whose current physical addresses were located by the third-party
“skip tracing” company and found to be different from the physical addresses provided by
Defendants.
IT IS FURTHER ORDERED that both Plaintiff and Defendants shall CEASE AND
DESIST affirmative telephonic contact (or any other form of contact not specifically authorized
by the Court) with putative class members until after the FLSA opt-in period closes on January
4, 2017.
IT IS FINALLY ORDERED that Defendants’ request that Plaintiff produce to them
records of the telephone contacts his counsel’s office has made with putative collective members
is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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