Hernandez et al v. Robert Dering Construction, LLC

Filing 41

ORDER granting Plaintiffs Amended Motion for FLSA Conditional Certification and Class Notice under 29 U.S.C. § 216(b) 37 (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
September 06, 2016

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JOSE DE JESUS OVIEDO
HERNANDEZ, et al,
Plaintiffs,
VS.
ROBERT DERING CONSTRUCTION,
LLC,
Defendant.

David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:15-CV-176
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ORDER

For the reasons as stated on the record, Plaintiffs’ Amended Motion for FLSA
Conditional Certification and Class Notice under 29 U.S.C. § 216(b) (Dkt. 37) is
GRANTED, and the Court provisionally deems this action a collective action and
defines the conditionally approved collective class as follows:
All persons who worked as laborers on a Robert Dering Construction,
LLC (“RDC”) project or jobsite from July 13, 2012, to the present,
who worked more than forty (40) hours in a workweek without
receiving overtime compensation, and who were directly compensated
by RDC.
Within fourteen (14) days of the entry of this Order Robert Dering Construction,
LLC shall provide Plaintiffs with a list of all persons fitting the description of the
conditionally certified class in a usable electronic format. This list shall include each
individual’s full name, last known mailing address, e-mail address (if known), telephone
number, and date(s) of which they worked on the project or jobsite. Plaintiffs shall have

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fourteen (14) days from the receipt of this information to mail the proposed notice to the
potential class members. The opt-in period shall be ninety (90) days from the date the
notice is mailed.
IT IS SO ORDERED.
SIGNED at Galveston, Texas, this 6th day of September, 2016.
____________________________
George C. Hanks Jr.
United States District Judge

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