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Blazick v. Leadvision, LLC
United States District Court, W.D. North Carolina, Charlotte Division
March 6, 2018
JAMES B. BLAZICK, Plaintiff,
LEADVISION, LLC, Defendant.
J. Conrad, Jr. United States District Judge.
MATTER comes before the Court on both parties'
Joint Motion for Approval of Agreed Stipulation & Order
Concerning Collective Action Lawsuit & Notice, (Doc. No.
19); and Plaintiff's Motion to Approve the Agreed
Stipulation and Order Concerning Collective Action Lawsuit
and Notice and Equitably Toll FLSA Statute of Limitations,
(Doc. No. 21).
THE PARTIES STIPULATION CONCERNING COLLECTIVE ACTION LAWSUIT
parties have stipulated to, and the Court hereby
ORDERS, the following:
1. The Parties stipulate that notice of this lawsuit will be
provided to the following group of individuals:
All current and former employees of Lead Vision who were
employed as Account Executives or Inside Sales Executives
anytime during the three-year period preceding the filing of
the Complaint in this action (hereinafter referred to as the
"Potential Opt-In Members").
2. The Court conditionally certifies this case as a
collective action under 29 U.S.C. § 216(b) of the Fair
Labor Standards Act and approves the forms of the Notice of
Fair Labor Standards Act Collective Action Lawsuit
("Notice") and Consent to Become Party Plaintiff
("Consent Form") attached as Exhibits 1 and 2.
3. As soon as practicable, and in no event later than seven
(7) days from the date this Agreed Stipulation and Order
Concerning Notice is approved, Counsel for Defendant shall
provide to Counsel for Plaintiff the names, last known
addresses from its records of all Potential Opt-In Members.
4. The Court orders that Counsel for Plaintiff shall mail the
Notice and Consent Forms to all Potential Opt-In Members
within five (5) days of the receipt of the names and
addresses. Counsel for Plaintiff shall mail the Notice and
Consent Forms to all Potential Opt-In Members on a single
date (the "Initial Mailing Date").
5. Thirty (30) days after the Initial Mailing Date, Counsel
for Plaintiff shall mail the Notice and Consent Forms a
second time ("Second Mailing"), but this second
mailing shall only be directed to those Potential Opt-In
Members from whom Plaintiff's counsel has not yet
received a completed Consent Form.
6. In addition to the Notice and Consent Forms, each envelope
mailed to a Potential Opt-In Member (whether mailed on the
Initial Mailing Date or on the Second Mailing Date) shall
enclose a postage pre-paid return envelope for possible use
by the Potential Opt-In Member. Each of these postage
pre-paid return envelopes will be pre-addressed to
Plaintiff's counsel, using the address indicated on the
7. All Potential Opt-In Members shall have forty-five (45)
days from the Initial Mailing Date to "opt-in" to
this lawsuit (the "Opt-In Period") by returning a
completed Consent Form to Plaintiff's counsel.
8. Counsel for Plaintiff shall supply copies to opposing
counsel and file the executed Consent Forms with the Court
within seven (7) days of receipt.
PLAINTIFF'S REQUEST ...
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