Rosinbaum et al v. Flowers Foods, Inc. et al

Filing 37

ORDER granting 34 Motion to Stay until Court has ruled on Defendants' pending Motion to Transfer Venue [doc 19]. Signed by Magistrate Judge David Keesler on 3/21/16. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-581-MOC-DCK
BOBBY JO ROSINBAUM, and
MORGAN WILLIAM ROBERT,
Plaintiffs,
v.
FLOWERS FOODS, INC., and
FRANKLIN BAKING CO., LLC,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Defendants’ Consent Motion To Stay
Briefing On Plaintiffs’ Motion For Conditional Certification And To Toll Temporarily The Statute
Of Limitations For Putative FLSA Opt-In Plaintiffs” (Document No. 34) filed March 16, 2016.
This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b),
and immediate review is appropriate. Having carefully considered the motion and the record, and
noting consent of the parties, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that:
1.

“Defendants’ Consent Motion To Stay Briefing On Plaintiffs’ Motion For

Conditional Certification And To Toll Temporarily The Statute Of Limitations For Putative FLSA
Opt-In Plaintiffs” (Document No. 34) is GRANTED.
2.

Further briefing and decision on “Plaintiffs’ Motion for Conditional Certification

And Judicial Notice” (Document No. 22) is STAYED until such time as this Court has ruled on
Defendants’ pending Motion to Transfer Venue (Document No. 19).

3.

The statute of limitations under the Fair Labor Standards Act (“FLSA”), 29 U.S.C.

§ 201, shall be tolled for putative opt-in Plaintiffs from the date when Plaintiffs filed their
“…Motion for Conditional Certification…” (Document No. 22), March 7, 2016, until such time
as this Court has ruled on “Defendants’ Motion to Transfer Venue” (Document No. 19).
SO ORDERED.
Signed: March 21, 2016