Stone v. Troy Construction, LLC et al

Filing 36

ORDER (memorandum filed previously as separate docket entry), GRANTING 28 MOTION to Certify Collective Action under the FLSA and Class Action under Rule 23 filed by Linda Stone.** CLASS ACTION CERTIFIED***Signed by Honorable James M. Munley on 12/1/15. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LINDA STONE,

:
No. 3:14cv306
Plaintiff
:
:
(Judge Munley)
v.
:
:
TROY CONSTRUCTION, LLC,
:
Defendant
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 1st day of December 2015, it is hereby
ORDERED that plaintiff’s motion to certify collective action under the FLSA
and class action under Rule 23 (Doc. 28) is GRANTED, to the extent that it
is hereby ORDERED that:
1.

The instant matter is conditionally certified as a collective action
pursuant to the FLSA on behalf of all current and former non-exempt
employees of defendant who, within the past three years,
permanently resided within fifty miles of their worksite and received at
least one per diem in a workweek in which they worked over forty
hours;

2.

The instant matter is certified as a class action pursuant to Rules
23(b)(2) and 23(b)(3) on behalf of all current and former non-exempt,
employees of defendant who worked in Pennsylvania and who, within
the past three years, permanently resided within fifty miles of their

worksite and received at least one per diem in a workweek in which
they worked over forty hours;
3.

Swartz Swidler, LLC is appointed class counsel and Linda Stone is
appointed class representative;

4.

Within 21 days of this Order, defendant shall provide to plaintiff, in
electronic and importable format, a spreadsheet identifying all class
members and containing, in separate columns, each individual’s first
name, last name, street address, city, state, zip code, and phone
number; and

5.

The parties shall confer regarding notice and procedures within
fourteen (14) days of this Order, and shall submit, within thirty (30)
days of this Order, a joint stipulation regarding notice and
procedures, or a joint letter highlighting the areas in dispute.

BY THE COURT:

s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

2