Mateo-Evangelio, et al v. Triple J Produce, Inc., et al

Filing 71

ORDER granting 70 Second Joint MOTION To Approve Notice To FLSA Collective Action Members And To Approve Method For Distributing Notice - Signed by District Judge Louise Wood Flanagan on 1/25/2016. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
MANUEL MATEO-EVANGELIO, JAIME
TREJO-CARDONA, GILBERTO CERVANTESVEGA, REYNALDO VILLALOBOS-MARTINEZ,
EMILIO REYES, MARIA DE LOS ANGELES
GONZALEZ-ROMAN, RAMIRO CERVANTESVEGA, FRANCISCO CARMELO MATIASCASTRO, PABLO GONZALEZ-ROMAN,
BENIGNO VILLAGOMEZ-GARCIA, and
SERGIO NARCISO LOPEZ-JUAREZ, on behalf
of themselves and all other similarly situated
persons,
Plaintiffs,
v.
TRIPLE J PRODUCE, INC., HOCUTT
BROTHERS, INC., HOCUTT FARMS, INC.,
JUDY HOCUTT, JOEY M. HOCUTT, JAMES
MICHAEL HOCUTT, and M. JAY HOCUTT,
Defendants.
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CLASS ACTION

Civil Action No.:
7:14-cv-302-FL

ORDER APPROVING CONTENT OF NOTICE TO COLLECTIVE ACTION MEMBERS
AND METHOD OF DISTRIBUTION OF CLASS NOTICE
SECOND JOINT MOTION AND SUPPORTING MEMORANDUM TO APPROVE
NOTICE TO FLSA COLLECTIVE ACTION MEMBERS AND TO APPROVE METHOD
FOR DISTRIBUTING NOTICE
This matter is before the Court on the Second Joint Motion and Supporting Memorandum to
Approve Notice to FLSA Collective Action Members and to Approve Method for Distributing
Notice (“Second Joint Motion”). In support of their Section Joint Motion, the named Plaintiffs and
the 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. See Haywood v. Barnes, 109 F.R.D. 568

(E.D.N.C. 1986). They also appear to be reasonably calculated to provide the best notice
practicable under the circumstances of this case.
The Notice to Class Action Members of Proposed Settlement, Deadline for Objections,
and Opportunity to Withdraw (the “Rule 23(b)(3) Notice”) that the Court has already approved is
both a neutral and comprehensive document that fairly apprises the Plaintiff Rule 23(b)(3) Class
and FLSA Collective Action Members of (i) the pendency of the class action and FLSA
collective action, (ii) the substance of the litigation, (iii) the reasons for compromising the
claims, (iv) the terms of the proposed settlement, and (v) the opportunity to withdraw from the
Rule 23(b)(3) Class. Doc. 68 at 1-2 (Order) and Doc. 68 at 3-17 (Rule 23(b)(3) Notice). That
same Rule 23(b)(3) Notice also provides the Plaintiff Class and Collective Action Members with
an opportunity to obtain any necessary further information, and apprises them of their right to
object to the settlement, the objection deadline, and the date of the hearing on this Court’s final
approval, if any, of the Settlement Agreement. Id.
The proposed Notice of Opportunity to Join Lawsuit under 29 U.S.C. § 216(b) (“Section
216(b) Notice”) provides the putative members of the FLSA Collective Action that the Court has
certified under 29 U.S.C. § 216(b) by Order filed on January 14, 2016 with additional information
as to the nature of the FLSA collective action that the Court has certified. Doc. 67 at 17-19. That
proposed Section 216(b) Notice also provides those putative members with specific information as
to the terms and conditions under which they may “opt in” or participate in that FLSCA collective
action pursuant to 29 U.S.C. § 216(b). That information includes but is not limited to the provision
of a Consent to Sue form by which they may do so along with additional information as to where to
send that form.
The Court therefore formally approves the content of the Section 216(b) Notice attached to

the Joint Motion, as well as the method of distribution for the Section 216(b) Notice to the FLSA
collective action members set out in the Second Joint Motion. As with the Rule 23(b)(3) Notice, the
Section 216(b) Notice shall be distributed to the members of the FLSA collective action previously
certified by this Court within thirty (30) days of January 14, 2016.

IT IS SO ORDERED.

January
This the 25th day of ___________________________.
_____

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U.S. District Judge