Pierce et al v. Wyndham Vacation Resorts, Inc. et al

Filing 46

MEMORANDUM AND ORDER granting 40 Motion to Modify and Supplement the Court's January 31, 2014 Order with Tolling Language. The Courts previous Memorandum and Order 38 is MODIFIED, to incorporate verbatim the following: Base d upon the agreement of the parties, the statute of limitations for FLSA claims asserted by any putative class member, who has not filed a Plaintiff Consent Form with the Court, is tolled from January 31, 2014, to March 17, 2014.Signed by Magistrate Judge C Clifford Shirley, Jr on 02/28/2014. (KAW)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JESSE PIERCE and MICHAEL PIERCE,
on behalf of themselves and all others
similarly situated,
Plaintiff,
v.
WYNDHAM VACATION RESORTS, INC., and
WYNDHAM VACATION OWNERSHIP, INC.,
Defendants.

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No. 3:13-CV-641
(MATTICE/SHIRLEY)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is Plaintiffs’ Motion to Modify and Supplement the Court’s
January 31, 2014 Order with Tolling Language [Doc. 40]. The Court finds that the time for
responding in opposition to this motion has expired. See E.D. Tenn. L.R. 7.1. The Defendants
have not responded in opposition, and they have previously indicated their consent to the Court
including the tolling language proposed by the Plaintiffs. The Court has reviewed the language
and finds that it is reasonable.
Accordingly, the Court finds that the Plaintiffs’ Motion to Modify and Supplement the
Court’s January 31, 2014 Order with Tolling Language [Doc. 40] is well-taken, and it is
GRANTED. The Court’s previous Memorandum and Order [Doc. 38] is MODIFIED, to
incorporate verbatim the following: Based upon the agreement of the parties, the statute of

limitations for FLSA claims asserted by any putative class member, who has not filed a Plaintiff
Consent Form with the Court, is tolled from January 31, 2014, to March 17, 2014.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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