United States District Court, E.D. Michigan, Southern Division
Stephanie Perkins, on behalf of herself and those similarly situated, Plaintiffs,
Benore Logistics Systems, Inc., Defendant.
R. Grand, U.S. Magistrate Judge
ORDER DENYING DEFENDANT'S MOTION FOR TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION
J. Tarnow Senior United States District Judge
the Court is Defendant Benore Logistic's Motion for
Temporary Restraining Order and Preliminary Injunction .
The Court has considered the parties' submissions and
finds the motion suitable for determination without oral
argument pursuant to Local Rule 7.1(f)(2).
reasons that follow, the Court will DENY
Defendant's Motion for Temporary Restraining Order and
Preliminary Injunction . However, because both parties
agree that removal of the link to the Getman &
Sweeney website would cure any issues with the
witness communications moving forward, Plaintiff's
counsel is hereby ordered to remove the link to Getman &
Sweeney website from all future emails and/or messages sent
to putative class members.
Background and Procedural History
Stephanie Perkins has been employed by Defendant Benore
Logistic, Inc., an interstate shipping and freight
corporation, in South Carolina since January 2014. She
currently works as a Transportation Coordinator
(“TC”) and is responsible for communicating with
truck drivers regarding their schedules, routes, trucks, and
equipment, and reporting operational issues to supervisory
staff. She claims that Benore Logistic violated the
collective action provision of the Fair Labor Standards Act
(“FLSA”), set forth at 29 U.S.C. § 216(b),
when it failed to give overtime premium pay at the rate of a
time and one-half of the regular rate for all hours worked
over 40 in a workweek to herself and a nationwide class of
transportation coordinators. Plaintiff filed her Complaint
 on October 19, 2016, alleging violations of the FLSA and
the South Carolina Payment of Wages Act, SC Code Ann. §
41-10-10 et seq. She seeks class certification,
declaratory relief, equitable and injunctive relief, unpaid
wages, and liquidated damages.
filed its Motion for Temporary Restraining Order and
Preliminary Injunction  on December 16, 2016. It seeks an
interim order restraining Plaintiff's counsel from
communicating ex parte with its employees, putative
members of the class action. Benore claims that several of
its employees expressed concern after they received emails
from Plaintiff's counsel regarding this lawsuit. The
emails at issue state as follows:
Dear [Employee Name]:
Getman & Sweeney, PLLC has brought a case seeking to
recover back overtime wages for Transportation Coordinators
who worked for Benore Logistic Systems, Inc. We understand
that you worked for the company and would like to talk to you
about its practices. If you are willing to help, please
either respond to this email or call Misty Emerick at Getman
& Sweeney - (845) 255-9370. You can find out more about
the case and Getman & Sweeney, PLLC on our website:
(Dkt. 8-2, Pg. ID 75).
link provided in the email leads to the Getman & Sweeney
website, on which there is a description of this lawsuit and
a link to a “Consent to Sue” form. (Dkt. 8-2, Pg.
ID 77-79). If an employee felt inclined to explore the
firm's website further - by clicking on the
“Home” tab in the top left corner, for example -
she would see the following statement on the firm's
Getman Sweeney represents employees working through the U.S.
We regularly sue multinational and Fortune 500 companies. We
are proud to have recovered tens of millions of dollars ...