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

Filing 35

ORDER granting 33 the Unopposed Motion to Accept Late Filed Consent to Join Lawsuit. Signed by Magistrate Judge H Bruce Guyton on March 27, 2018. (AYB)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
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.

)
)
)
)
)
)
)
)
)
)
)
)

No.: 3:17-CV-97-TAV-HBG

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 an Unopposed Motion to Accept Late Filed Consent to Join
Lawsuit [Doc. 33]. For grounds, the Motion states that the deadline for putative class members
to opt in this matter was December 29, 2017. On December 14, 2017, Plaintiffs’ counsel received
the returned, undeliverable mail containing the Notice and Consent Form for putative plaintiff
Shawna Chance (“Chance”). The Motion explains that due to the time it took to locate her new
address, as well as the holidays, Chance did not receive the second mailing until approximately
December 29, 2017, and that upon mailing, Chance executed the Consent to Join and mailed it
back with a postmark date of January 9, 2018. The Motion continues that on January 11, 2018,
Plaintiffs’ counsel notified Defendants of the late notice and inquired whether they would waive
objections to the late-filed consent form. On March 2, 2018, the parties conferred and agreed
judicial economy would be better served by permitting Chance to join this action as opposed to
filing a separate lawsuit.

Courts typically consider five factors in determining whether to include an opt-in plaintiff
who filed his/her consent form after the deadline: “(1) whether good cause exists for the late
submissions; (2) prejudice to the defendant; (3) how long after the deadline passed
the consent forms were filed; (4) judicial economy; and (5) the remedial purposes of the FLSA.”
Lykins v. First Acceptance Corp., No. 3:13-CV-01374, 2015 WL 2367155, at *1 (M.D. Tenn. May
18, 2015); Hurt v. Commerce Energy, Inc., No. 1:12-CV-758, 2014 WL 494571 (N.D. Ohio Feb.
6, 2014). The Court has considered the above five factors and finds that they weigh in favor of
allowing Chance to proceed in this lawsuit. Plaintiffs explain that the original Notice and Consent
Form was returned as undeliverable and that it took additional time to locate Chance’s new address.
Further, the deadline only recently expired, the parties agree that judicial economy is served by
allowing her to proceed in this suit, and the remedial purposes of the FLSA weigh in favor of
allowing her to proceed in this action. Finally, Plaintiffs have represented that Defendants do not
object to the instant request. Accordingly, the Court will hereby GRANT the Unopposed motion
to Accept Late File Consent to Join Lawsuit [Doc. 33].
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

2