Opinion
2:20-CV-208-KAC-CRW
03-28-2022
MICHAEL EYES, individually and on behalf of himself and other similarly situated current and former employees, Plaintiff, v. UNITED PROPANE GAS, INC., and LAKEWAY PROPANE GAS, INC., Defendants.
ORDER ADOPTING REPORT & RECOMMENDATION
Katherine A. Crytzer, United States District Judge
Before the Court is United States Magistrate Judge Cynthia R. Wyrick's “Report and Recommendation” (“Report”) entered on December 22, 2021 [Doc. 40]. On July 1, 2021, Plaintiff Michael Eyes filed a “Motion for FLSA Conditional Certification” [Doc. 33], which, among other things, (1) sought to “conditionally certify a collective action” under the Fair Labor Standards Act (“FLSA”) and (2) provided for notification of potential members of the collective action [Id. at 1-2]. On October 28, 2021, the Parties filed a “Stipulation on Plaintiff's Motion for Fair Labor Standards Act Conditional Certification” [Doc. 39]. In that Stipulation, the Parties “agreed to conditional certification and the issuance of Court-approved notice” using forms and terms that were more precise and limited than those in Plaintiff's initial motion for conditional certification [See Id. at 1; Compare Docs. 39-1 & 39-2 with Doc. 33].
In her Report, Judge Wyrick recommends that the Court grant Plaintiff's “Motion for FLSA Conditional Certification” [Doc. 33], as modified by the Parties' later “Stipulation on Plaintiff's Motion for Fair Labor Standards Act Conditional Certification” [Doc. 39]; approve the Parties' proposed notification and consent forms and terms [See Docs. 39-1, 39-2]; and defer a decision on an equitable tolling issue until necessary discovery is completed and the matter is fully briefed [See Doc. 40 at 7, 8, 9]. Neither Party has objected to the Report, and the time to do so has passed. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2).
After reviewing the record, the Court ACCEPTS and ADOPTS Judge Wyrick's Report [Doc. 40] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(2). The Court ORDERS as follows:
(1) The Court GRANTS Plaintiffs “Motion for FLSA Conditional Certification” [Doc. 33], as modified by the Parties' “Stipulation on Plaintiffs Motion for Fair Labor Standards Act Conditional Certification” [Doc. 39];
(2) The Court APPROVES the Parties' proposed notification and consent forms [Doc. 39-1] and terms [See Doc 39] and AUTHORIZES the issuance of the Parties' proposed notification and consent forms to potential members of the conditionally-certified collective action; and
(3) The Court DEFERS a decision on equitably tolling until necessary discovery is completed and the matter is fully briefed.
IT IS SO ORDERED.