Waltz v. Aveda Transportation and Energy Services, Inc. et al

Filing 37

ORDER (memorandum filed previously as separate docket entry: granting plaintiffs' motion for conditional certification (#30); this action is conditionally certified. Signed by Honorable Matthew W. Brann on 12/27/16. (see order for further/complete details and deadlines)(lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RANDY WALTZ, on behalf of himself
and similarly situated employees,

:
:
:
:
:

Plaintiffs,

Case No. 4:16-CV-00469

(Judge Brann)

v.
:
AVEDA TRANSPORTATION AND
:
ENERGY SERVICES INC., and RODAN :
TRANSPORT USA LTD,
:
:
Defendants.
:
ORDER
December 27, 2016
AND NOW, in accordance with the Memorandum of this same date, IT IS
HEREBY ORDERED THAT
1. Plaintiffs Randy Waltz and Gary Solinger’s Motion for Conditional
Certification (ECF No. 30) is GRANTED;
2. This action is conditionally certified, pursuant to Section 16(b) of the Fair
Labor Standards Act on behalf of the following collective: The 36
individuals already identified by Defendants as being employed by
Rodan Transport USA Ltd in the position of Field Supervisor/Truck Push
and paid on a day-rate basis between October 10, 2013 and October 10,

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2016. Such individuals are referred to herein as “Putative Collective
Members;”
3. Within seven (7) business days of the entry of this Order, the parties must
jointly submit to the Court proposed language for a notification form to
be approved by the Court informing all Putative Collective Members of
their right to join this action as party plaintiffs. In drafting the proposed
notification language, the parties should “be scrupulous to respect
judicial neutrality” and “take care to avoid even the appearance of
judicial endorsement of the merits of the action.” Hoffman-LaRoche Inc.
v. Sperling, 493 U.S. 165, 174 (1989); and
4. Within seven (7) business days after the entry of this Order, Defendants
must produce to Plaintiffs’ counsel an Excel spreadsheet listing the name,
last known address, and last known phone number of all Putative
Collective Members.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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