CHARLES et al v. PROGRESSIONS BEHAVIORAL HEALTH SERVICES, INC.

Filing 72

ORDER THAT PLAINTIFF'S MOTION TO PROCEED AS A COLLECTIVE ACTION AND FACILIATE NOTICE AND THE MOTION FOR EQUITABLE TOLLING IS GRANTED AS OUTLINED HEREIN. ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 10/9/2018. 10/10/2018 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRACY CHARLES, ET AL.

:
:
v.
:
:
PROGRESSIONS BEHAVIORAL HEALTH :
SERVICES, INC., ET AL.
:

CIVIL ACTION

NO. 17-2439

ORDER
AND NOW, this 9th day of October, 2018, upon consideration of Plaintiffs’ “Motion to
Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. § 216(b)” (Docket No. 24)
and Motion for Equitable Tolling (Docket No. 68), and all documents filed in connection with both
Motions, and the Hearing held on September 5, 2018, and for the reasons stated in the
accompanying Memorandum, IT IS HEREBY ORDERED as follows:
1.

Both the Motion to Proceed as a Collective Action and Facilitate Notice and the
Motion for Equitable Tolling are GRANTED.

2.

This action is conditionally certified as a collective action pursuant to the Fair
Labor Standards Act (“FLSA”).

3.

The FLSA Statute of Limitations is equitably tolled for potential opt-in plaintiffs
for a period of two hundred and thirty-two (232) days.

4.

On or before October 15, 2018, Defendants shall produce to Plaintiffs a
computer-readable data file (Microsoft Excel spreadsheet) containing the names,
addresses, and telephone numbers of all potential opt-in plaintiffs so that notice
may be implemented

5.

After receiving the computer-readable file, Plaintiffs are authorized to send Notice
by U.S. First Class Mail to:

All persons presently or formerly employed by Defendants in the
positions of Behavioral Health Worker and/or Therapeutic Staff
Support who worked at least thirty-two (32) hours of “billable”
work in two (2) or more workweeks from July 15, 2014 to the
present.
6

The Court APPROVES the form of Notice submitted as Exhibit H to the
Memorandum of Law in Support of Plaintiffs’ Motion to Proceed as a Collective
Action and Facilitate Notice Under 29 U.S.C. § 216(b), except that the date to be
inserted in the “To:” section on page one and in Paragraph V of the Notice shall be
July 15, 2014.

7.

Potential opt-in plaintiffs shall be provided with forty-five (45) days from the date
of the mailing of the Notice to “opt-in” to this lawsuit.

BY THE COURT:
/s/ John R. Padova, J.

John R. Padova, J.

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