Phipps et al v. Chariots of Hire, Inc. et al (TV1)

Filing 27

ORDER accepting in whole 25 Magistrate Judge Guyton's Report and Recommendation and granting in part and denying in part 3 Plaintiffs' Expedited Motion for Conditional Class Certification and Court-Authorized Notice as set forth more fully herein. Signed by Chief District Judge Thomas A Varlan on September 21, 2017. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
GREGORY PHIPPS and
BRIAN MENSING, individually and
on behalf of all others similarly situated,
Plaintiffs,
v.
CHARIOTS OF HIRE, INC., and
JOHN MARK PARSONS,
Defendants.

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No.:

3:17-CV-97-TAV-HBG

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge H. Bruce Guyton on August 29, 2017
[Doc. 25]. In the R&R, Magistrate Judge Guyton recommends that the Court grant in part
and deny in part plaintiffs’ Expedited Motion for Conditional Class Certification and
Court-Authorized Notice [Doc. 3]. Specifically, Magistrate Judge Guyton recommends
that the parties’ agreement on conditional certification and the notice form, as reflected in
defendants’ response to plaintiffs’ motion [Doc. 18 pp. 2–3], be adopted. The R&R also
recommends that this agreement be amended to require that defendants provide the e-mail
addresses of potential opt-in class members, that the agreed-upon notice and consent forms
be sent to potential opt-in class members by first-class mail and email, and that the notice
emails blind-copy defense counsel and use PDF forms. Finally, Magistrate Judge Guyton

does not recommend that the Court order posting notice at defendants’ place of business,
enclosure of notice in employee paychecks, or reminder notices.
Defendants have filed a notice of no objections to the R&R [Doc. 26]. Plaintiffs
have not filed any objections to the R&R, and enough time has now passed to treat any
objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After carefully reviewing the matter, the Court is in agreement with Magistrate
Judge Guyton’s recommendations, which the Court adopts and incorporates into its ruling.
Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 25]. Plaintiffs’ Expedited
Motion for Conditional Class Certification and Court-Authorized Notice [Doc. 3] is hereby
GRANTED IN PART and DENIED IN PART, in accordance with the recommendations
of the R&R. Accordingly, it is ORDERED that: (1) this action is conditionally certified
as a class action according to the terms of the parties’ agreement [Doc. 18 pp. 2–3]; (2)
defendants shall provide plaintiffs’ counsel with the e-mail addresses of potential opt-in
class members, if on file; (3) the agreed-upon notice and consent forms shall be sent to
potential opt-in class members by first-class mail and email; and (4) the notice emails must
blind-copy defense counsel and contain the agreed-upon forms in the PDF format.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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