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16-106 - Rodgers et al v. Abbster Enterprises LLC


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16-106 - Rodgers et al v. Abbster Enterprises LLC
January 30, 2017
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MEMORANDUM OPINION AND ORDER Granting in part 20 Plaintiff's Motion for Step-One Notice Pursuant to the Fair Labor Standards Act: the Court GRANTS conditional certification. The Plaintiffs concede to objections two, six, eight, nine, ten and twelve. The Court OVERRULES objections two, six, eight, nine, ten and twelve objections as moot. The Court OVERRULES the Defendants third objection. the Court OVERRULES the Defendants fourth objection. The Court SUSTAINS Defendant's fifth Objection. The Court OVERRULES the Defendants seventh objection. The Court ORDERS Defendant's eleventh objection be SUSTAINED IN PART. The Court ORDERS the Plaintiffs to replace the first two paragraphs in the consent to join form. The Court ORDERS the Plaintiffs to amend their proposed notice and consent to join form as detailed in this Order and submit it to the Court for final approval by February13, 2017. The Court ORDERS the Defendant to provide to the Plaintiffs, in electronic and importable format, the name, employee identification number, last known mailing address, email address, positions held and dates of employment of all potential members of the conditionally certified class by February 13, 2017. The Court ORDERS that any and all consent to join forms must be signed and filed with this Court via CM/ECF by April 14, 2017. On this date, the opt-in period will close. Signed by Chief Judge Gina M. Groh on 1/30/2017. (cmd)