ALVAREZ et al v. BI INCORPORATED

Filing 53

ORDER THAT PLFF'S MOTION TO CONDITIONALLY CERTIFY A FLSA COLLECTIVE ACTION AND TO FACILITATE NOTICE (DOC. NO. 35) IS GRANTED. PLFF'S MOTION TO STAY OR DENY DEFT'S MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO F.R.C.P. 56(d) (DOC. NO. 45) IS GRANTED. DEFT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. 42) IS DENIED WITHOUT PREJUDICE, ETC. PLFFS' MOTION FOR EQUITABLE TOLLING (DOC. NO. 50) IS DENIED, ETC. PARTIES SHALL SUBMIT, WITHIN 21 DAYS OF THE DATE OF THIS ORDER, A JOINT PROPOSED NOTICE, ALONG WITH A STATEMENT OF ANY AREAS OF DISAGREEMENT REGARDING THE NOTICE PROTOCOL. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/17/18. 5/18/18 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
:
:
:
:
:
v.
:
:
BI INCORPORATED,
:
:
Defendant.
:
__________________________________________:
KAREL ALVAREZ & JUAN TELLADO,
Individually and on behalf of all persons
similarly situated,
Plaintiffs,

CIVIL ACTION

No. 16–2705

ORDER
AND NOW, this 17th day of May, 2018, upon consideration of Plaintiffs’ “Motion to
Conditionally Certify a FLSA Collective Action and to Facilitate Notice” (Doc. No. 35),
Defendant’s “Motion for Partial Summary Judgment” (Doc. No. 42), Plaintiffs’ “Motion to Stay
or Deny Defendant’s Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56(d)”
(Doc. No. 45), and Plaintiffs’ “Motion for Equitable Tolling” (Doc. No. 50), and the respective
responses and replies to each, and for the reasons set forth in this Court’s accompanying
Memorandum Opinion, it is hereby ORDERED that:
1. Plaintiffs’ “Motion to Conditionally Certify a FLSA Collective Action and to Facilitate
Notice” (Doc. No. 35) is GRANTED.
2. Plaintiffs’ “Motion to Stay or Deny Defendant’s Motion for Partial Summary Judgment
Pursuant to Fed. R. Civ. P. 56(d)” (Doc. No. 45) is GRANTED.
3. Defendant’s “Motion for Partial Summary Judgment” (Doc. No. 42) is DENIED
WITHOUT PREJUDICE, with permission to refile following the completion of merits
discovery.

4. Plaintiffs’ “Motion for Equitable Tolling” (Doc. No. 50) is DENIED.
5. The following collective is conditionally certified with respect to Plaintiffs’ claims under
the Fair Labor Standards Act: “All current and former ISAP Case Specialists employed
by BI Incorporated who performed work in the United States between March 18, 2015,
and the present.”
6. The parties shall meet and confer regarding a notice protocol consistent with the
Memorandum Opinion issued on this date, including the content of the notice to be sent
to the members of the collective, the method of sending notice, a deadline for additional
opt-in plaintiffs to file their written consents, and any other issues the parties consider
appropriate. The parties shall submit, within 21 days of the date of this Order, a Joint
Proposed Notice, along with a statement of any areas of disagreement regarding the
notice protocol.

BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.