CARR et al v. FLOWERS FOODS, INC. et al

Filing 305

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DECERTIFY THE FLSA COLLECTIVE ACTION (DOC. 263) IS DENIED. FURTHER ORDERED THAT PLAINTIFFS MOTION IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/7/19. 5/8/19 ENTERED AND COPIES E-MAILED.(rf, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATTHEW CARR, TERRY CARR,
DAVID TUMBLIN AND GREGORY
BROWN, on behalf of themselves and
others similarly situated,
Plaintiffs,

CIVIL ACTION

NO. 15-6391

v.

FILED

FLOWERS FOODS, INC. FLOWERS
BAKING CO. OF OXFORD, INC.,
Defendants.

MAY .. 7 2019
ORDER

KATE BARKMAN, Clerk
By
Dep. Clerk

AND NOW, this 7th day of May, 2019, upon consideration of Defendants' Motion to
Decertify the FLSA Collective Action (ECF No. 263), Plaintiffs' Response in Opposition thereto
(ECF No. 267), and Defendants' Reply in further support thereof (ECF No. 275), IT IS

HEREBY ORDERED that Defendants' Motion is DENIED.
Further, upon consideration of Plaintiffs' Motion for Class Certification (ECF No. 262),
Defendants' Response in Opposition thereto (ECF No. 268), and Plaintiffs' Reply in further
support thereof (ECF No. 247), IT IS FURTHER ORDERED that Plaintiffs' Motion is

GRANTED with respect to Fed. R. Civ. P. 23(b)(3) and DENIED with respect to Fed. R. Civ.
P. 23(b)(2). Accordingly, the following classes are certified pursuant to Fed. R. Civ. P. 23(b)(3):
1. All persons who, at any time from December 1, 2012 continuing through entry of
judgment in this case, worked as distributors for Flowers Foods, Inc. and/or
Flowers Baking Company of Oxford, Inc., in the Commonwealth of Pennsylvania
and were classified as independent contractors under their distribution
agreements.
2. All persons who, at any time from December 12, 2012, continuing through entry
of judgment in this case, worked as distributors for Flowers Foods, Inc. and/or
Flowers Baking Company of Oxford, Inc., in the State of Maryland and were
classified as independent contractors under their distribution agreements.

3. All persons who, at any time from March 24, 2014, continuing through entry of
judgment in this case, worked as Distributors for Flowers Foods, Inc. and/or
Flowers Baking Co. of Oxford, Inc., in the State of New Jersey and were
classified as independent contractors under their distribution agreements.

BY THE COURT:

WENDY BEETLESTONE, J.

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