Woldman et al v. AmeriColor, LLC et al

Filing 50

ORDER: For the reasons set forth in the accompanying Memorandum, the Court GRANTS Third-Party Defendant Paychex's Motion to Dismiss and the third-party complaint against Paychex is DISMISSED WITH PREJUDICE. The Court GRANTS Plaintiff's Motion for Conditional Certification. The parties shall also comply with the Court's additional orders regarding the disclosure of contact information and notice and consent forms set forth in the accompanying Memorandum. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 9/13/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION NEILWOLDMAN, individually and on behalf of all similarly-situated persons, Plaintiffs, v. AMERICOLOR, LLC., PAUL HERSCHKOWITZ, MATTHEW HERSCHKOWITZ, and KORY HERSCHKOWITZ, individually Defendants. AMERICOLOR, LLC., PAUL HERSCHKOWITZ, MATTHEW HERSCHKOWITZ, and KORY HERSCHKOWITZ, individually Third-Party Plaintiffs v. PAYCHEX PEO, II, LLC and ADP TOTALSOURCE, INC., Third-Party Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 3:18-cv-00151 JUDGE CAMPBELL MAGISTRATE JUDGE HOLMES ORDER Pending before the Court is Third-Party Defendant Paychex PEO, II, LLC (“Paychex”)’s Motion to Dismiss the Third-Party Complaint (Doc. No. 33) and Plaintiff’s Motion for Conditional Certification, Approval of 29 U.S.C. § 216(b) Notice and Consent Forms, and to Order Disclosure of Contact Information for Current and Former Employees (Doc. No. 41). For the reasons set forth in the accompanying Memorandum, the Court GRANTS Third-Party Defendant Paychex’s Motion to Dismiss and the third-party complaint against Paychex is DISMISSED WITH 1 PREJUDICE. The Court GRANTS Plaintiff’s Motion for Conditional Certification, Approval of 29 U.S.C. § 216(b) Notice and Consent Forms, and to Order Disclosure of Contact Information for Current and Former Employees. The parties shall also comply with the Court’s additional orders regarding the disclosure of contact information and notice and consent forms set forth in the accompanying Memorandum. It is so ORDERED. ____________________________________ WILLIAM L. CAMPBELL, JR. UNITED STATES DISTRICT JUDGE 2

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