TOMPKINS et al v. FARMERS GROUP, INC. et al, No. 5:2014cv03737 - Document 44 (E.D. Pa. 2015)

Court Description: OPINION/ORDER THAT PLAINTIFFS' MOTION FOR ORDER AUTHORIZING NOTICE TO SIMILARLY SITUATED PERSONS PURSUANT TO 29 U.S.C. 216(b), ECF NO. 28 IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT THE PARTIES SHALL FILE A JOINT MOTION FOR APPROVAL OF COURT-FACILITATED NOTICE NO LATER THAN 9/18/15. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/18/15. 8/18/15 ENTERED AND COPIES E-MAILED. (ky, )

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TOMPKINS et al v. FARMERS GROUP, INC. et al Doc. 44 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ WOODY TOMPKINS et al., : : Plaintiffs, : v. : : FARMERS INSURANCE EXCHANGE, : : Defendant. : __________________________________________ No. 5:14-cv-3737 ORDER AND NOW, this 18th day of August, 2015, upon consideration of Plaintiffs’ Motion for Order Authorizing Notice to Similarly Situated Persons Pursuant to 29 U.S.C. § 216(b), ECF No. 28, IT IS ORDERED THAT Plaintiffs’ Motion is GRANTED IN PART and DENIED IN PART, as follows: 1. Plaintiffs’ Motion is GRANTED to the extent that a collective action is conditionally certified, which shall include all persons whom Defendant employed as an APD Claims Representative, APD Claims Adjuster, or APD Claims Appraiser in any state except California during any workweek commencing on or after January 13, 2012. 2. Plaintiffs’ Motion for equitable tolling is DENIED. IT IS FURTHER ORDERED THAT the parties shall confer in order to reach agreement on a protocol for the production of contact information as well as the form and content of the notice to be sent to the potential members of the collective action. The parties shall file a Joint Motion for Approval of Court–Facilitated Notice no later than September 18, 2015. 1 Dockets.Justia.com BY THE COURT: /s/ Joseph F. Leeson, Jr.____________ JOSEPH F. LEESON, JR. United States District Judge 2

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