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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,
v.
LEADVISION, LLC, Defendant.

          ORDER

          Robert J. Conrad, Jr. United States District Judge.

         THIS 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).

         I. THE PARTIES STIPULATION CONCERNING COLLECTIVE ACTION LAWSUIT & NOTICE

         The 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 Consent Form.
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.

         II. PLAINTIFF'S REQUEST ...


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