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.)

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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 ---~~=O.~~~~~~·~J~'=------' ____.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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