Berber v. Hutchison Tree Service et al

Filing 81

ORDER denying without prejudice 58 Motion to Certify Class. The parties SHALL conduct a court-hosted settlement conference with United States Magistrate Judge Gates. If the settlement conference does not resolve the case, the court will address the merits of plaintiffs motion. Judge Gates will notify the parties how he wishes to proceed concerning the settlement conference, and the date on which it will be held. Signed by Chief Judge James C. Dever III on 9/27/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DMSION
No. 5:15-CV-143-D

ADRIAN BERBER,
on behalf of himself and
all others similarly situated,

)
)
)
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Plaintiff,
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v.
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HUTCIDSON TREE SERVICE,
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NORTHSTAR ENERGY SERVICES, INC., )
PIEDMONT NATURAL GAS, INC.,
)
and CRAIG HUTCIDSON,
)
)
Defendants.
)

ORDER

The court DENIES without prejudice plaintiffs motion for conditional certification pursuant
to the Fair Labor Standards Act and class certification pursuant to Federal Rille of Civil Procedure
23 [D.E. 58]. The parties SHALL conduct a court-hosted settlement conference with United States
Magistrate Judge Gates. Ifthe settlement conference does not resolve the case, the court will address
the merits of plaintiffs motion.
Judge Gates will notify the parties how he wishes to proceed concerning the settlement
conference, and the date on which it will be held.
SO ORDERED. This jJ_ day of September 2017.

J
S C. DEVER III
Chief United States District Judge