Roby v. Lincoln Electric Company, No. 1:2018cv00006 - Document 140 (N.D. Ohio 2021)

Court Description: Memorandum Opinion and Order. For the reasons stated, the Court finds that the Plaintiffs in this matter have failed to present substantial evidence that they are similarly situated with respect to Defendant's auto-deduct policy. The rec ord shows a variety of factual and employment settings among the individual Plaintiffs and the actions of multiple supervisors and managers. As a result, the defenses are individualized, and it would be unfair and impractical, to both sides, to have representative testimony presented for the proposed class when any one Plaintiff's situation is potentially markedly different from another's. Consequently, decertification of this action is appropriate. Defendant's Motion to Decertify the Conditionally Certified Collective Action (ECF # 125 ) is granted. The claims of all of the opt-in Plaintiffs are dismissed without prejudice. IT IS SO ORDERED. Judge Donald C. Nugent on 2/24/2021. (M,S)