Gonzalez-Quinones et al v. Speight Seed Farms, Inc. et al

Filing 52

ORDER GRANTING 48 Joint Motion for Approval of Content of Notice to Class and Distribution Method. The deadline date to be used in the Notice to Class regarding the submission of written comments and opting out is 7/15/2014. The fairness hearing shall occur on 8/6/2014 at 2:00 p.m. in Raleigh, North Carolina. Signed by US District Judge Terrence W. Boyle on 4/13/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
JUAN MANUEL HERNANDEZ-MARTINEZ, on
behalf of himself and themselves and
all other similarly situated persons,
Plaintiffs,
v.

CLASS ACTION
Case No: 4-13-CV-82-BO

Speight Seed Farms, Inc., John Milton
Beamon, and Emma Ortega,
Defendants.

ORDER APPROVING CONTENT OF NOTICE TO CLASS AND METHODS
OF DISTRIBUTION OF CLASS NOTICE

This matter is before the Court on the Joint Motion by the named
plaintiff and defendants Speight Seed Farms, Inc. and John Milton Beaman
(hereinafter referred to as the "Speight defendants)

and defendant Emma

Ortega to approve the Notice to Class and the method for distributing
that

Notice

collective

to

Class

action

to

that

the putative members
the

Court

has

certified

defendants.

In support of their joint motion,

the

defendants

Speight

distribution.

have

filed

a

of

the

class

against

and

FLSA

those

same

the named plaintiff and

stipulated notice

and method of

The proposed content and method of distribution for that

notice are consistent with that previously approved for use
similar wage

actions

Haywood v. Barnes,

before

the

109 F.R.D. 568

federal

courts

(E.D.N.C. 1986).

of

this

in other

state.

See

They also appear to

be reasonably calculated to provide the best notice practicable under
the

circumstances

of

this

case.

Rule

23,

Fed.R.Civ.P.

The

Court

therefore formally approves the content of the Notice to Class attached
to the respective Joint Motions and the method of distribution for that

1

Notice to Class that is set out in numbered paragraphs 1-3 of those same
Joint

Motion

distribution

to

the

action

collective

for

certified

by

this

Fed.R.Civ.P.,

and 29 U.S.C.

§216(b)

members

of

Court

the

class
Rule

under

and

FLSA

23 (b) (3),

in this action against the Speight

The deadline date to be used in that same Notice to Class

defendants.

for submission of written comments and to opt out of this class action

July 15

is

2014.

The fa.lrness

that same Notice to Class shall occur at

hearing to be

2:00pM on

specified in

August 6

2014 at the Terry Sanford Federal Building and Courthouse, 310 New Bern
Avenue,
shall

Raleigh,
complete

North Carolina 27601.
the

requirements

notice within thirty

(30)

defendants

designee(s)

or

their

for

Plaintiff or his designee (s)

distributing

the

approved

days of the date of this Order.
shall

complete

the

class

The Speight

requirements

for

distributing a summary of that same class notice within the time period
specified in paragraph 3 of the Joint Motion.

IT IS SO ORDERED.
DONE and ORDERED at

~day

of

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2oJ.i.

2

North Carolina,

this the