GARCIA v. NUNN et al

Filing 48

ORDER THAT PLAINTIFF'S MOTION TO CERTIFY CLASS IS GRANTED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/24/16. 3/25/16 ENTERED AND COPIES MAILED TO UNREP AND COUNSEL AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
M. GARCIA, et al.,
Plaintiffs

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vs.
WILLIAM NUNN, et al.,
Defendants

CIVIL ACTION

NO. 13-6316

ORDER
AND NOW, this 24th day of March, 2016, after consideration of the plaintiffs
motion to certify class (Document #15), the defendants’ response thereto (Document
#40), and the reply brief of the plaintiffs (Document #44), IT IS HEREBY ORDERED
that the motion is GRANTED.
IT IS FURTHER ORDERED that:
1.

A collective action is conditionally certified consisting of all persons who

were hired by the remaining defendants to provide cleaning and janitorial services at
supermarkets, who worked more than forty hours in a week and were not paid overtime,
during a period beginning three years prior to the filing of this complaint and ending on
the date of final judgment in this action.
2.

The defendants shall be under a continuing duty to provide the plaintiffs

with information relating to the defendants’ employees who provided any cleaning and
janitorial services to the defendants after October 29, 2010, including each individual’s
name, job title, last known address, telephone number, email address (if available), dates
of employment, and date of birth.

3.

The parties shall have a period of thirty days from the date of this Order

within which to develop and agree upon the contents of an appropriate opt-in Notice and
Consent Form. The parties shall submit their joint proposed Notice and Consent Form to
the court on or before the end of the thirty day period.
4.

Should these efforts fail, counsel shall cross-file proposed Notice and

Consent Forms thirty-one days after the date of this Order. I will then determine which
Notice is more appropriate, with or without modification.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

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