Burcham et al v. Taubra Corp. et al

Filing 38

ORDER granting 35 Joint Stipulation For Conditional Certification. Signed by Judge Thomas M. Rose on 1-12-2018. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES BURCHAM and GRADY HILL,
on behalf of themselves and those
similarly situated ,
Plaintiffs,
Plaintiffs,
vs.

3:17-CV-00168CASE NO.: 3:17-CV-00168-TMR

TAUBRA CORP., an Ohio Corporation
d/b/a MERCURY SERVICE, and
FRANCIS,
JUDITH BOWERS FRANCIS,
Individually,
Individually,
Defendants.
Defendants.

[PROPOSED] ORDER GRANTING JOINT STIPULATION FOR
CONDITIONAL CERTIFICATION

This Cause having come before the undersigned on the Parties’ Joint
Stipulation for Conditional Certification of FLSA Collective Action and Facilitating
Notice to Putative Opt-In Plaintiffs, the Court having reviewed all pleadings and
exhibits contained within the briefing on this Motion, hereby orders as follows:
1. The Parties’ Joint Stipulation for Conditional Certification of FLSA
Collective Action and Facilitating Notice to Putative Opt-In Plaintiffs is
hereby GRANTED.
2. The Court conditionally certifies under the Fair Labor Standards Act the
following class of similarly situated individuals: all delivery drivers
classified as independent contractors who worked for Defendants within

the last three years who were not paid at least minimum wage for some
hours worked and/or who were not compensated at time-and-one half for
hours worked in excess of forty hours in one or more workweeks.
3. Defendant shall produce to Plaintiff’s Counsel a list, in readable Excel
format, of the names of individuals contained within the definition in
paragraph 2, along with each individual’s address, e-mail address(es),
telephone number, last four digits of their social security number, and
dates of work.

Defendant shall produce this information to Plaintiff’s

Counsel within fourteen (14) days of the date of this Order.
4. Within fourteen (14) days of receiving the class list described in
paragraph 3, Plaintiffs’ Counsel shall send notice by U.S. Mail and E-mail
to each individual listed on the class list. Plaintiff’s Counsel shall utilize
the Class Notice and Consent to Become Opt-In Plaintiff form attached as
Exhibit A to the Joint Stipulation for Conditional Certification.
5. Each class member shall have forty-five (45) days from the date of the
initial mailing of class notice to return their signed consent to join form to
Plaintiffs’ Counsel for filing with the Court.
January 12
ORDERED
DONE and ORDERED in Chambers, in Dayton, Ohio on _____________ , 2017.
s/Thomas M. Rose
HONORABLE THOMAS M. ROSE
United States District Judge
Copies furnished to:
Counsel of Record