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Carr v. Livingston County Board of Commissioners

United States District Court, E.D. Michigan, Southern Division

June 20, 2018

DON CARR, MACK CARR, AUTUMN MILLEROV, THOMAS JOHNSON, TRACEY CAMELET, and all other persons similarly situated, known or unknown, Plaintiffs,
v.
LIVINGSTON COUNTY BOARD OF COMMISSIONERS, AND LIVINGSTON COUNTY, Defendants.

          GASIOREK, MORGAN, GRECO, McCAULEY & KOTZIAN, P.C., David A. Kotzian, David F. Greco, Attorneys for Plaintiff,

          COHL, STOKER & TOSKEY, P.C., Bonnie G. Toskey, Sarah K. Osburn, Attorneys for Defendants

          STIPULATED ORDER GRANTING PLAINTIFFS' MOTION FOR CONDITIONAL CLASS CERTIFICATION AND COURT SUPERVISED NOTICE PURSUANT TO 29 U.S.C. § 216(B)

          ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE.

         This matter having come before the Court upon the stipulation of the parties, and the Court being otherwise duly advised in the premises; IT IS HEREBY ORDERED that:

         1. The Court conditionally certifies this action as a collective action on behalf of:

All Emergency Medical Technicians who worked for Defendants at any time between April 27, 2015 and present and who worked at any time in excess of forty (40) hours per workweek; and

         2. The Court appoints Gasiorek, Morgan, Greco, McCauley & Kotzian, P.C. as class counsel for all opt-in Plaintiffs who file the Consent to Join form;

         3. The Court approves the attached proposed notice and consent forms to be sent via U.S. Mail and e-mail;

         4. Defendant is to serve Plaintiffs' Counsel with a computer-readable and exportable Excel file containing the full name, last known address, last known telephone number, employee ID number, and last known e-mail address of all putative class members identified above within ten (10) days from the date of entry of this Order;

         5. The Court authorizes Plaintiffs to promptly disseminate the approved notice and consent form to all putative class members pursuant to the “opt-in” mechanism for collective actions authorized by the Fair Labor Standards Act, 29 U.S.C. § 216(b) and in any event, no later than ten (10) days after receipt of the above computer-readable and exportable Excel file from Defendants.

         6. All Consents to Join signed by putative Class Members must be post-marked, electronically mailed, or hand-delivered to Plaintiffs' counsel within sixty (60) days of the date that Plaintiffs' counsel sends such approved notice and consent forms to putative class members.

         7. Plaintiffs' counsel shall file with the Court all opt-in consent forms they receive within ninety (90) days of sending the court-approved notice; 8. Defendants shall refrain from communication with putative class members concerning this lawsuit or the underlying issues.

         I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, June 20, 2018, by electronic and/or ordinary mail.

         NOTICE OF RIGHT TO OPT-IN TO LAWSUIT

         TO: ALL INDIVIDUALS WHO WORKED AT ANY TIME FROM APRIL 27, 2015 THROUGH THE PRESENT FOR LIVINGSTON COUNTY AS EMERGENCY MEDICAL TECHNICIANS AND WHO WORKED IN EXCESS OF FORTY HOURS IN ANY WORKWEEK.

         RE: FAIR LABOR STANDARDS ACT LAWSUIT FILED AGAINST LIVINGSTON COUNTY BOARD OF COMMISSIONERS AND LIVINGSTON ...


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