Collins et al v. Covenant Trucking Company, Incorporated et al

Filing 58

ORDER granting 54 Joint Motion regarding 52 Joint Motion for Settlement, 50 Joint Motion to Certify Class and Collective Action for Approval of Notice to Class and Method of Distribution. Signed by Chief Judge James C. Dever III on 4/22/2014. (Sawyer, D.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No.: 5:13-CV-257-D
WILLIE COLLINS and LARRY EDGERTON,
both individually and behalf of all
other similarly situated persons,
Plaintiffs,

v.
COVENANT TRUCKING COMPANY,
INCORPORATED, JOE N. JONES,
JONES, and CARLTON JONES,

WENDY C.

CLASS ACTION

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
plaintiffs Willie
Trucking

Company,

Carlton Jones

Collins

and Larry

Incorporated,

Joe

Edgerton and defendants
N.

Jones,

Wendy

C.

Covenant

Jones,

and

(hereinafter referred to as the "Speight defendants)

to

approve the Notice to Class and the method for distributing that Notice
to Class to the putative members of the class and FLSA collective action
that the Court has certified against those same defendants.
of their joint motion,

In support

the named plaintiffs and the Covenant defendants

have filed a stipulated notice and method of distribution. The proposed
content and method of distribution for that notice are consistent with
that previously approved for use in other similar wage actions before
the federal courts of this state.
(E.D.N.C.
provide

1986).
the

best

They
notice

also

See Haywood v. Barnes, 109 F.R.D. 568

appear

practicable

to

be

under

reasonably
the

calculated

circumstances

of

to

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 Notice to Class that is set out
in numbered paragraphs 1-3 of those same Joint Motion for distribution
to the members of the class and FLSA collective action certified by this
Court under Rule 23(b) (3),

Fed.R.Civ.P.,

action against the Covenant defendants.

and 29 U.S.C.

§216(b)

in this

The deadline date to be used in

that same Notice to Class for submission of written comments and to opt
out

of

this

class

action

is

Auau.s i:

I

2014.

The

fairness

hearing to be specified in that same Notice to Class shall occur at

~

2014 at the Terry Sanford Federal Building
and Courthouse,
Plaintiff

or

310

his

New Bern Avenue,

Raleigh,

North Carolina

shall

complete

the

designee(s)

requirements

distributing the approved class notice within thirty
date of this Order.

27601.

( 30)

for

days of the

The Covenant defendants or their designee(s)

shall

complete the requirements for distributing a summary of that same class
notice

within

the

time period

specified

Coul)scd slv~.l/ CO/"ftlff +Ni
ot t~ n Dh'c.e nl'd s htt/1 (al"fflc/

Motion.

Ol\t

-+ w ca. fve ol +lt noti ct

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____.A~pr._,a,_,'( ' - - - - - - - - - ' 2 o I 4- .

.. -

North Carolina,

District Court Judge

2

Joint

r

DONE and ORDERED at
day of

3 of the

CtJ..f-hon'.J (A.Stl I)VNha.A ()1\ PG.:1<
1~ Co..n/loii'S ca..sq ll liN~ •n ftJ.jt...

•
IT IS SO ORDERED.

11.

in paragraph

this the