Luebke v. Wisconsin Electric Power Company et al

Filing 36

ORDER GRANTING CONDITIONAL CLASS CERTIFICATION (ECF No. 35 ). Signed by Magistrate Judge William E Duffin on 2/26/18. (cc: all counsel) (mlm)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
MILWAUKEE DIVISION
PETER LUEBKE,
individually and on behalf of
all others similarly situated,
Plaintiff,

CASE NO. 17-cv-969

v.
WISCONSIN ELECTRIC POWER COMPANY d/b/a
WE ENERGIES,
Defendant.
ORDER GRANTING CONDITIONAL CLASS CERTIFICATION
Pursuant to the Plaintiff Peter Luebke’s and Defendant Wisconsin Electric Power
Company d/b/a We Energies’ (“We Energies”) Joint Stipulation to Conditionally Certify
a Collective Action Pursuant to §216(b) of the Fair Labor Standards Act and Authorize
Notice, IT IS HEREBY ORDERED THAT:
1.

The following class is conditionally certified pursuant to 29 U.S.C. §216(b):
All persons who are or have been employed as
hourly employees by We Energies and who
have been subject to mandatory pre-shift
changeover/turnover requirements by We
Energies at any time since January 29, 2015.

2.

We Energies shall, within ten (10) days of the Court’s order granting this

stipulation, identify and produce to Plaintiff’s Counsel the first name, last name, last
known street address, city, state, zip code, phone number, date of birth, and dates of
employment, of all persons who fit within the class definition identified above. The
class list will be produced to Plaintiff’s Counsel as an excel spreadsheet with each field
of information identified above as a separate column.
3.

Plaintiff shall be permitted to send the agreed-upon Notice of Right to Join

Lawsuit for Unpaid Wages Against We Energies via regular mail, to all individuals
within the collective class. Consent forms postmarked within thirty (30) days after the
first mailing of the Notice will be considered timely. With the exception of Notices that
are returned to Counsel for Plaintiff as undeliverable, no reminder notices shall be sent
by Plaintiff or his Counsel during the 30-day opt-in period. In the event the Notice is
returned undeliverable, Plaintiff's Counsel shall perform a skip trace on the member of
the conditionally certified collective action and shall promptly resend the Notice if
forwarding information is secured.
4.

Counsel for Plaintiff shall promptly file with the Court copies of each

consent form that is signed and postmarked within thirty (30) days of mailing.
5.

By stipulating to conditional certification of the collective class, Defendant

does not waive or in any way compromise its right to seek decertification of the

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conditionally certified action or otherwise challenge a FLSA collective action or Rule 23
class.
Dated at Milwaukee, Wisconsin this 26th day of February, 2018.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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