SAWYER v. HEALTH CARE SOLUTIONS AT HOME INC. et al

Filing 35

ORDER THAT PLAINTIFFS 18 MOTION IS GRANTED IN PART TO THE EXTENT THAT A COLLECTIVE ACTION IS CONDITIONALLY CERTIFIED WITH RESPECT TO PLAINTIFFS CLAIMS CONCERNING DEFENDANTS FAILURE TO PAY EMPLOYEES FOR ALL HOURS WORKED. THE COLLECTIVE SHALL INCLUDE ALL CURRENT AND FORMER HOURLY SERVICE REPRESENTATIVES (DRIVERS) AND CUSTOMER SERVICE REPRESENTATIVES WHO WORKED FOR DEFENDANTS AT DEFENDANTS HANOVER, HARRISBURG, LANCASTER, WYOMISSING, AND YORK LOCATIONS IN PENNSYLVANIA AT ANY TIME ON OR AFTER MARCH 15, 2014. THE PARTIES SHALL CONFER AND REACH AGREEMENT ON A PROTOCOL FOR THE PRODUCTION OF CONTACT INFORMATION AS WELL AS THE FORM AND CONTENT OF THE NOTICE TO BE SENT TO THE POTENTIAL MEMBERS OF THE COLLECTIVE ACTION, CONSISTENT WITH THE OPINION IS SUED THIS DATE. THE PARTIES SHALL FILE A JOINT MOTION FOR APPROVAL OF COURT-FACILITATED NOTICE WITHIN TWENTY-ONE DAYS OF THE DATE OF THIS ORDER. THE DEADLINES SET FORTH IN PARAGRAPH 3 OF THIS COURTS ORDER OF JUNE 2, 2017, ECF NO. 33 , GOVERNING FURTHER PROCEEDINGS FOLLOWING A GRANT OF PLAINTIFFS MOTION ARE NOW IN EFFECT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/25/18. 4/26/18 ENTERED AND COPIES MAILED TO ATTORNEYS', E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JEFFREY SAWYER, individually and
:
on behalf of a class of all others similarly situated, :
:
Plaintiff,
:
:
v.
:
:
HEALTH CARE SOLUTIONS AT HOME, INC; :
and LINCARE INC.,
:
:
Defendants.
:
__________________________________________

No. 5:16-cv-5674

ORDER
AND NOW, this 25th day of April, 2018, upon consideration of Plaintiff’s Pre-Discovery
Motion for Conditional Certification and Court-Supervised Notice Pursuant to 29 U.S.C. §
216(b), ECF No. 18, Defendants’ Brief in Opposition, ECF No. 25, and Plaintiff’s Reply in
Support, ECF No. 26, and for the reasons discussed in the Opinion issued this date, IT IS
ORDERED THAT:
1. Plaintiff’s Motion is GRANTED IN PART to the extent that a collective action is
conditionally certified with respect to Plaintiff’s claims concerning Defendants’
failure to pay employees for all hours worked. The collective shall include “all
current and former hourly Service Representatives (drivers) and Customer Service
Representatives who worked for Defendants at Defendants’ Hanover, Harrisburg,
Lancaster, Wyomissing, and York locations in Pennsylvania at any time on or after
March 15, 2014.”
2. The parties shall confer and reach agreement on a protocol for the production of
contact information as well as the form and content of the notice to be sent to the
1
042418

potential members of the collective action, consistent with the Opinion issued this
date. The parties shall file a Joint Motion for Approval of Court-Facilitated Notice
within twenty-one days of the date of this Order.
3. The deadlines set forth in Paragraph 3 of this Court’s Order of June 2, 2017, ECF No.
33, governing further proceedings following a grant of Plaintiff’s Motion are now in
effect.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge

2
042418