Harrison v. 1-800-Flowers Team Services, Inc. et al

Filing 149

ORDER: Granting Plaintiff's Unopposed Motion to Dismiss 148 Certain Opt-In Plaintiffs Without Prejudice. Please access entire text by document number hyperlink. Signed on 03/17/2020 by Magistrate Judge Mark D. Clarke. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

JENNIFER HARRISON, on behalf of
herself and others similarly situated,

Case No. 1: 18-cv-00410-CL

Plaintiff,

v.
ORDER
HARRY &DAVID OPERATIONS,INC.,
and HARRY AND DAVID, LLC,
Defendants.

CLARKE, Magistrate Judge.
This case comes before the Court on Plaintiffs Unopposed Motion to Dismiss Certain
Opt-In Plaintiffs (#148). The FLSA claims conditionally certified as a collective action in this
case focus only on claims against Harry & David Operations, Inc. by employees who worked in
primarily call-handling positions within the Medford, Oregon call center. The parties have
worked together to identify individuals who have joined this action as Fair Labor Standards Act

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("FLSA") Opt-In Plaintiffs by filing consent forms, but who do not fit within the individuals
covered by the collective class definition for the FLSA claims in this action. Specifically, the
parties sought to identify individuals who did not work in a primarily call-handling position at
the Medford, Oregon call center during the three years prior to the date their consent forms were
filed in this action.
Pursuant to Plaintiffs unopposed motion, the following opt-in plaintiffs are dismissed
from this case without prejudice:
Name

Docket No.

1 Heather Ackerman

76.01 at 2

2 Christopher Sharp

77.01 at 3

3 Christopher Ackerman

78.01 at2

4 Pa~elyn Meek

78.01 at 6

5 Diane Forster

80.01 at 6

6 Erin Scott

80.01 at 13

7 Angelica Spencer

80.01 at 15

8 Joanna Summers

80.01 at 16

9 Krystle Williams

81.01 at 3

10 Yvette McCulley

82.01 at 8

11 Karen Meade

82.01 at 10

12 Cerella Powell

82.01 at 14

13 Simon Johnson

83.01 at 5

14 Ann O'Neil-Freauf

84.01 at 22

15 Jesse Yanez

85.01 at 7

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16 Joanna Chavez

91.01 at4

17 Brigid Dalton

91.01 at 6

18 David Jenks

91.01 at 7

19 Leslie VanGelder

91.01 at 9

20 Lucas Reed

92.01 at 8

21 Barry Edwards, Sr.

95.01 at 3

22 Karen Fender

95.01 at 4

23 Linda Leonard

95.0lat 7

24 Teresa Ferris

98.01 at 3

25 Dawn Chapman

99.01 at 2

26 Toni Lomeli (Templer)

99.01 at 5

27 Ashley McCollum

99.01 at 6

28 Marsha Menefee

103.01 at4

29 Isaiah Provencio

103.01 at 5

30 Stephanie Smith

103.01 at 7

31 April Woodard

103.01 at9

32 Kathleen Jones

108.01 at 2

33 Charles Rucker

112.01 at 1

34 Amelia Johnson

113.01 at 4

35 Annette Schierholt

113.01 at 5

36 Paul Benevento

116.01 at 2

37 Ashley Johansen

118.01 at 3

38 Sheri Hardin

119.01 at 3

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39 Shawn Martinez

129.01 at 13

40 Ramona Villalpando

129.01 at 10

ORDER
Plaintiff's Unopposed Motion to Dismiss Certain Opt-In Plaintiffs Without Prejudice
(#148) is GRANTED.
DATED this 17th day of March, 2020.

Isl Mark D. Clarke
MARK D. CLARKE
United States Magistrate Judge

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