Given et al v. Love's Travel Stops & Country Stores, Inc.

Filing 77

ORDER re: joint proposal 71 of notice & consent-to-join collective action form - It is hereby ORDERED that: 1. Following sentence shall be added to section 6 of notice 71 -1 "You may be required to participate in a court proceeding."; 2. Notwithstanding modification in Para 1 the joint prop notice & consent-to-join form approved.; 3. Parties directed to meet & confer & file prop order setting forth all pertinent notice-related ddls by 3/15/18... (see Para 3 for addt'l instructi ons).; 4. Any list of names & addresses generated for purpose of complying w/ the order shall be kept confidential & used only for purposes of mailing notice & consent-to-join form. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/12/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ZACHARY GIVEN, KRISTOPHER
LAWSON, VINCENT MCCLEERY,
and SEAN MCMURRAN, individually
and on behalf of other persons
similarly situated,
Plaintiffs
v.
LOVE’S TRAVEL STOPS &
COUNTRY STORES, INC.,
Defendant

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CIVIL ACTION NO. 1:17-CV-1266
(Chief Judge Conner)

ORDER
AND NOW, this 12th day of March, 2018, upon consideration of the parties’
joint proposal (Doc. 71) of notice and consent-to-join collective action form pursuant
to the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., wherein the parties
seek court approval of the proposed notice and consent-to-join form (Doc. 71-1) to
putative opt-in collective action members, and the parties representing that one
outstanding disagreement as to the content of the notice exists, (Doc. 71 at 1), and
the parties having fully briefed the issue in dispute, (Docs. 74, 75), and it appearing
that the court may set the parameters of a notice to putative opt-in collective action
members, Hodzic v. Fedex Package Sys., Inc., No. 15-956, 2016 WL 6248078, at *9
(W.D. Pa. Oct. 26, 2016) (quoting Hoffmann–La Roche v. Sperling, 493 U.S. 165, 172
(1989)), it is hereby ORDERED that:

1.

The following sentence shall be added to section 6 of the parties’ joint
proposed notice (Doc. 71-1): “You may be required to participate in a
court proceeding.”

2.

Notwithstanding the modification in paragraph one, the parties’ joint
proposed notice and consent-to-join form are approved.

3.

The parties are directed to meet and confer and file a proposed order
setting forth all pertinent notice-related deadlines by Thursday,
March 15, 2018. This proposed order shall include, inter alia, the date
by which defendant shall supply a contact list of all putative opt-in
collective action members and the date by which the notice and
consent-to-join form shall be mailed.

4.

Any list of names and addresses generated for the purpose of
complying with this order shall be kept confidential and must be used
only for purposes of mailing the notice and consent-to-join form.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania