Wilson et al v. Wings Over Happy Valley MDF et al

Filing 72

ORDER (memorandum filed previously as separate docket entry 71 ) - IT IS ORDERED THAT: 1. Plaintiffs motion to certify a class pursuant to Federal Rule of Civil Procedure 23 (Doc. No. 47) is DENIED; 2. Plaintiffs motion to conditionally certify a collective class (Doc. No. 48) is GRANTED. See Order for further details. Signed by Honorable Yvette Kane on 2/21/20. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JACOB WILSON, et al., individually and
on behalf of all other similarly situated
individuals,
Plaintiffs
v.
WINGS OVER HAPPY VALLY MDF,
LLC d/b/a WINGS OVER HAPPY
VALLEY, et al.,
Defendants

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No. 4:17-cv-00915-YK
(Judge Kane)

ORDER
AND NOW, on this 21st day of February 2020, upon consideration of Plaintiffs’ motion
to certify a class pursuant to Federal Rule of Civil Procedure 23 (Doc. No. 47) and motion to
conditionally certify a collective class (Doc. No. 48), and in accordance with the Memorandum
issued concurrently with this Order, IT IS ORDERED THAT:
1.

Plaintiffs’ motion to certify a class pursuant to Federal Rule of Civil Procedure 23
(Doc. No. 47) is DENIED;

2. Plaintiffs’ motion to conditionally certify a collective class (Doc. No. 48) is
GRANTED. The following collective class will be permitted notice and an
opportunity to opt in to this action:
All individuals who worked for Defendants as delivery drivers between May
24, 2014 and February 28, 2017;
3. Within ten (10) days of the date of this Order, Defendants will produce to Plaintiffs a
list, in electronic and importable format, of all persons employed by Defendants as
delivery drivers who are covered by the approved class definition above. This list
shall include names, job titles, addresses, email addresses, telephone numbers, dates
of employment, dates of birth, and the last four digits of the employees’ Social
Security numbers;
4. Plaintiffs will file a separate motion for approval of form of notice within seven (7)
days of the date of this Order. The parties are directed to meet and confer regarding
the form of notice;

5. The Clerk of Court is directed to amend the caption of this case to reflect that Jacob
Wilson is no longer a plaintiff in this case. 1

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

1

Plaintiffs’ motion for leave to file an amended complaint (Doc. No. 24) and first amended
complaint (Doc. No. 24-2) removed Jacob Wilson as a plaintiff. Pursuant to the first amended
complaint, the named plaintiffs in this case are Ty Carts, Lewis Grove, Colin Kreiger, and
Branden Ronald. (Id.)
2