BOULANGE v. FLOWERS FOODS, INC. et al

Filing 49

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR CONDITIONAL CLASS CERTIFICATION AND JUDICIAL NOTE (DOC. 67) IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/26/17. 1/27/17 ENTERED AND COPIES EMAILED.(rf, )

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

•

CIVIL ACTION

No. 15-6391

v.
FLOWERS FOODS, INC. and
FLOWERS BAKING CO. OF
OXFORD, LLC,
Defendants.

=============================================================
LUKE BOULANGE, on behalf of
himself and all others similarly
situated,
Plaintiffs
No. 16-2581

v.

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

ORDER
~

AND NOW, thi~6 day of January, 2017, upon consideration of the plaintiffs' Motion for
Conditional Certification and Judicial Notice (Docket No. 67), the defendants' response in
opposition (Docket No. 85), the plaintiffs' reply (Docket No. 91 ), and the plaintiffs' notice of
supplemental authority, and having heard the arguments of counsel on December 1, 2016, IT IS

HEREBY ORDERED that the plaintiffs' motion is GRANTED.
IT IS FURTHER ORDERED that the following conditions regarding notice are
imposed:

1. There shall be a ninety day opt-in period;
2. The defendants shall supply an updated computer-readable file containing the necessary
information regarding all distributors subject to this lawsuit within ten days of the date of
this Order;
3. The file for the distributors shall include names, last-known mailing addresses, dates of
employment, job title, respective warehouse, e-mail addresses, telephone numbers, and
the last four digits of the social security numbers for those individuals who have worked
as distributors for the defendants during the three-year period preceding the date of this
Order;
4. The plaintiffs are authorized to send notice to those individuals identified in the file; and
5. The defendants shall post copies of the notice at each Oxford warehouse location in the
place where notices and information are normally posted for distributors.
IT IS FURTHER ORDERED that:
6. The parties shall meet and confer regarding the form and contents of an appropriate optin notice and consent form;
7. The parties shall notify the court, in writing, of the status of their meet and confer by
February 17, 2017; and
8. The notice and opt-in process shall be concluded by May 12, 2017.

Q4:]E
LAWRENCE F. STENGEL, J.