Fabre et al v. Highbury Concrete Inc. et al

Filing 25

Minute Order for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing held on 8/23/2017. Attorney David Stein for Plaintiffs. Attorney Valerie K. Ferrier for Defendants. The Court heard argument on 18 Plaintiffs' M otion to Certify FLSA Collective Action. The Motion for conditional certification is granted with the exception of Plaintiffs' request to post the collective action notice and opt-in form, which is denied with leave to renew due to a lack of inf ormation regarding the proposed posting locations. The Proposed Order at [18-1] is so-ordered. The opt-in period shall end on November 22, 2017. The parties are directed to continue with discovery regarding the known Plaintiffs, and to jointly file a proposed revised Scheduling Order concerning any outstanding discovery by November 29, 2017. Plaintiffs are directed to provide Defendants with an updated damages calculation by September 18, 2017. (FTR Log #12:22-12:50.) (Syed, Sofie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Alan Fabre, Cristhian Vega, and Aldo Jara,
on behalf of themselves and all other
persons similarly situated,
DOCKET NO. 17-CV-984
(CBA) (PK)

Plaintiffs,
- vs. –

ORDER

Highbury Concrete Inc., Thomas Gorman,
Thomas Fogarty, and Benny Griffin,
Defendants.
BEFORE Kuo, J., U.S.M.J.:
THIS MATTER having been brought before the Court upon motion of the law
firm of Samuel & Stein, attorneys for plaintiffs, seeking to conditionally certify a Fair
Labor Standards Act collective action and authorize notice to be issued to all
persons similarly situated and related relief, and the Court, having reviewed the said
motion, the responses and replies thereto, if any, and for other good cause,
IT IS HEREBY ORDERED that the Motion by counsel for plaintiffs is hereby
granted; and it is FURTHER ORDERED that
1.

The collective action notice entitled “NOTICE OF LAWSUIT AND
OPPORTUNITY TO JOIN” submitted as Exhibit G attached to the
Declaration of Stein, and the opt-in form entitled “CONSENT TO JOIN
COLLECTIVE ACTION AND BECOME A PARTY PLAINTIFF” submitted
as Exhibit H attached to the Declaration of Stein, are hereby approved
for mailing to potential collective action opt-in plaintiffs in English
and Spanish;

2.

The collective class of potential plaintiffs in this matter shall consist of
all current and former laborers employed by Highbury Concrete, Inc.,
at any time on or after July 14, 2014 to the date of this Order;

3.

The English and Spanish versions of the collective action notice and
opt-in form shall be conspicuously posted at defendants’ business in a
place accessible to employees;

4.

Defendants shall provide to plaintiffs’ counsel, in machine-readable
form, the full names and last-known addresses of all potential
plaintiffs who worked in the above positions from on or after July 14,
2014 to date no later than ten (10) days after the date of this Order;

5.

For any individuals identified in Paragraph 4 for which defendants
lack last-known addresses, defendants shall instead supply to
plaintiffs’ counsel telephone numbers and/or email addresses, to the
extent defendants possess this information;

6.

Plaintiffs’ counsel shall keep all information supplied pursuant to
paragraph 5 strictly confidential, and shall use the information solely
for the purpose of locating potential opt-in plaintiffs for the purpose
of notifying them of the pendancy of this action;

7.

Plaintiffs shall mail the notice of collective action to all potential
collective action opt-in plaintiffs no later than ten (10) days following
defendants’ disclosure of their names and last-known addresses. The
notice shall be dated the exact date of the initial mailing and the
deadline date set forth in the notice shall be the date exactly sixty (60)
days thereafter;

8.

If any notice to any potential collective action opt-in plaintiff is
returned as undeliverable, plaintiffs’ counsel is permitted to mail the
notice to any such persons again at any other address he may
determine is appropriate. However, this shall not extend the sixty
(60) day opt-in deadline from the date of the initial mailing;

9.

All potential collective action plaintiffs must opt-in no later than sixty
(60) days following the date of the initial mailing of the collective
action notice by returning the executed form entitled “CONSENT TO
JOIN COLLECTIVE ACTION AND BECOME A PARTY PLAINTIFF” in
sufficient time for it to be filed with the Court no later than sixty (60)
days from the date of the initial mailing. Plaintiffs’ counsel shall
thereupon promptly file such executed consents with the Court.

It is on this __23______ day of ___August______, 2017, SO ORDERED:

Peggy Kuo
Hon. Peggy Kuo, U.S.M.J.

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