Anderson v. Shamrock Towing, Inc., No. 2:2023cv02517 - Document 18 (S.D. Ohio 2024)
Court Description: OPINION and ORDER regarding 16 Motion to Certify Class. Signed by Judge Michael H. Watson on 2/26/2024. (jk)
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Anderson v. Shamrock Towing, Inc. Doc. 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Michael G. Anderson, Plaintiff, Case No. 2:23-cv-2517 V. Judge Michael H. Watson Magistrate Judge Deavers Shamrock Towing, Inc., Defendant. OPINION AND ORDER Plaintiff moved for Court-facilitated notice in this putative FLSA collective action. Mot., ECF No. 16. Defendant thereafter stipulated to Court-facilitated notice on specific terms. Stipulation, ECF No. 17. Upon joint stipulation of the parties, as well as a review of Plaintiffs motion and the exhibits attached thereto, the Court APPROVES of the sending of notice but requires some changes to Plaintiff's proposed materials. First, the parties' proposed definition is not limited to drivers whoworked overtime. Therefore, the Court suggests the following definition: All current and former tow truck drivers who worked for Defendant at any time since August 1 1, 2020, who participated solely in intrastate travel for a period of four (4) months or longer, who worked more than forty (40) hours in a given workweek, and who were subject to Defendant's Commission Amount and/or hlourly Amount policy. Second, the RE: line on ECF No. 16-3 at PAGEID # 449 refers to a collective action settlement. The Court has not been apprised of a settlement in this case. Moreover, it is not a collective action unless and until the Court CaseNo. 2:23-cv-2517 Page 1 of 3 Dockets.Justia.com conclusively determines, after the opt-in period, that the opt-in plaintiffs are similarly situated to Mr. Anderson. Accordingly, the RE: line shall be rephrased to read, "Your right to join a pending lawsuit for unpaid overtime premium wages allegedly not paid by Shamrock." Third, the right-side margin of the uploaded Notice is cut off. The parties shall ensure the Notice is fully readable for recipients. Fourth, certain lines on ECF No. 16-3 at PAGEID # 449 appear to be in a smaller font than the rest. Counsel shall unify font size for the entire Notice. Fifth, dark makes clear that the Court does not "certify" cases as collective actions. And, putative opt-in plaintiffs are invited to join before the Court determines similarity conclusively and permits the case to proceed collectively. Therefore, the parties are directed to remove the following words from ECF No. 16-3 at PAGEID # 450, "When the Court certifies the case as a collective action, "!.] Sixth, the Court DENIES permission to send an email notice. The discovery parameters proposed in ECF No. 17 are APPROVED with the exception that Defendant need not provide email addresses. The sixty-day opt-in period and the thirty-day postcard reminder provisions are APPROVED. Ifthe parties object to any of the above six changes, they shall STAY sending of the Notice and Consent to Join Form and request a status conference. CaseNo. 2:23-cv-2517 Page 2 of 3 The Clerk shall terminate ECF No. 16 as a pending motion. IT IS SO ORDERED. HAEL H. W SON, JUDGE UNITED STATES DISTRICT COURT CaseNo. 2:23-cv-2517 Page 3 of 3
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