Salazar v. Ensign United States Drilling Inc et al

Filing 36

ORDER ON NOTICE FOR CONDITIONAL CERTIFICATION entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARCO SALAZAR, on behalf of himself
individually, and all others similarly situated,
Plaintiffs,
v.
ENSIGN UNITED STATES DRILLING,
INC. and EXPRESS PAYROLL, INC.,
Defendants.

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ENTERED
October 25, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-00991

ORDER ON NOTICE FOR CONDITIONAL CERTIFICATION
The parties, Marco Salazar and Ensign United States Drilling Inc., disagreed on certain
language in the Notice to be issued in connection with the conditional collective action certification.
A hearing was held on October 24, 2017, and the parties presented arguments on the disputed
language. The court orders the following:
•

“A lawsuit was brought against Ensign alleging that you and other Welders are owed
overtime wages under federal law,” is retained in Section 1.

•

“If you do not desire to join this lawsuit, then you need not sign or return the consent form,”
is inserted into Section 3.

•

“If you do not prevail, then you may be required to pay a share of Ensign’s defense costs and
expenses (but not its attorneys’ fees),” is not inserted into Section 4, in light of Salazar’s
counsel’s representation in court that counsel and his law firm would pay the costs and
expenses other than the fees if the plaintiffs do not prevail.

•

“You are eligible to participate in a settlement for unpaid overtime wages, if any is reached”
and “If you do not join this case, you will not be able to participate in any settlement
regarding the claim for unpaid overtime wages, if any is reached,” is not deleted from
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Section 4.
•

“If you choose to join in this case, you will become a party and will be bound by the
judgment, regardless of whether it is favorable or unfavorable to you,” is not deleted from
Section 4.

•

“Your decision not to join this case will not affect your right to bring a similar case on your
own at a future time,” is not deleted from Section 4, but is amended to state, “Your decision
not to join this case will not affect your right to hire your own attorney and to bring a similar
case on your own at a future time.”

•

“However, claims under the Fair Labor Standards Act must be brought within two years of
the date the claim arises, unless the employer’s violation of the law was ‘willful,’ in which
case the claim must be brought within three years,” is not deleted from Section 4, but is
amended as stated here.

•

“If you join this case, you will be represented by the Plaintiffs’ Counsel in this case,” is not
deleted from Section 4.

•

“The attorneys for the Plaintiffs are being paid on a contingency fee basis, which means that
if there is no recovery there will be no attorneys’ fee. If there is a recovery, the attorneys for
the group of welders will receive a part of any settlement that might be obtained or money
judgment that might be entered in favor of all members of the group,” is amended as shown
and retained in Section 4.

SIGNED on October 25, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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