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
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