High et al v. Hospital Authority of the Metropolitan Government of Nashville and Davidson County

Filing 32

AGREED ORDER granting 30 Motion to Certify Class. Signed by District Judge Aleta A. Trauger on 12/17/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ______________________________________________________________________________ LUCIUS HIGH & CARLA HILGERT on behalf of themselves and all other similarly situated employees, Plaintiffs, v. No.: 3:13-cv-0815 HOSPITAL AUTHORITY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY d/b/a NASHVILLE GENERAL HOSPITAL AT MEHARRY, JURY DEMAND FLSA COLLECTIVE ACTION Defendant. ______________________________________________________________________________ AGREED ORDER ______________________________________________________________________________ This Agreed Order is before the Court upon the agreement of the parties. Based on the parties agreements, the Court orders as follows: 1. To authorize this case to proceed as a collective action for alleged “off the clock” violations under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b) and Tennessee state law, on behalf of non-exempt employees of Defendant during the last three years whose positions involved provision of patient care. Defendant reserves the right to address whether a 2year or 3-year limitations period would apply under the FLSA. Plaintiff reserves the right to address whether a six year statute of limitation period applies for Plaintiff’s state law claims. Solely for the purpose of conditional certification, a 3-year notice period will be used. 2. To authorize the parties to use the Notice to potential opt-in plaintiffs in the form attached hereto as Exhibit A, which will be mailed to former employees of Defendant at the last known addresses identified by Defendant’s personnel records or as corrected by an online search. Notice will be mailed within 30 days of the Court authorizing the issuance of the Notice. The deadline for plaintiffs to opt in to this action shall be 60 days from the date that the Court authorizes issuance of the Notice. 3. To issue an Order tolling the statute of limitations for those opt-in plaintiffs who have not yet filed consents to join this action as of the date this Joint Motion is granted by the Court, so long as they file a Consent within the time period provided in the Notice. 4. To issue an Order that the opt-in plaintiffs’ Consent forms be deemed “filed” on the date that they are postmarked. IT IS SO ORDERED. 12/17/13 Date: ___________ ____________________________________ JUDGE TRAUGER APPROVED FOR ENTRY: GILBERT RUSSELL McWHERTER PLC s/Michael L. Russell MICHAEL L. RUSSELL #20268 KARA B. HUNTER #30199 5409 Maryland Way, Suite 150 Brentwood, Tennessee 37027 (615) 354-1144 mrussell@gilbertfirm.com khunter@gilbertfirm.com CLINTON H. SCOTT #23008 101 North Highland Jackson, Tennessee 38301 (731) 664-1340 (731) 664-1540 (Facsimile) cscott@gilbertfirm.com ATTORNEYS FOR PLAINTIFF 2 DEPARTMENT OF LAW OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY _s/Allison L. Bussell_w/permission_________ Allison L. Bussell (#23538) Keli J. Oliver (#21023) R. Alex Dickerson (#27184) Assistant Metropolitan Attorneys Metropolitan Courthouse, Suite 108 P.O. Box 196300 Nashville, Tennessee 37219 (615) 862-6341 ATTORNEYS FOR DEFENDANT 3

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