United States District Court, W.D. North Carolina, Asheville Division
ASHLEY GALLEHER, on behalf of herself and all others similarly situated, Plaintiff,
ARTISANAL, LLC, and BILL GREENE, Defendants.
Carleton Metcalf United States Magistrate Judge
matter is before the Court on the Parties' Joint Motion
to Approve Notice, Consent to Join Form, and Conditional
Certification Plan (Doc. 20).
December 11, 2019, the undersigned conducted a conference
call with counsel regarding the Motion. At the conclusion of
the conference, the parties were directed to file, within
seven (7) days, a revised Notice of Collective Action
Lawsuit. The parties were also given leave to submit
authority pertaining to the need for court-authorization of
the proposed Consent to Become Party Plaintiff form.
December 18, 2019, the parties requested that their deadline
to file this information be extended through December 19,
2019. (Doc. 23). This request was granted.
December 19, 2019, Plaintiff filed a proposed revised Notice
of Collective Action Lawsuit form and informed the Court that
the parties had not been able to agree upon a joint revised
form and that Plaintiff's counsel was unaware of any
authority mandating court-authorization of Consent to Become
Party Plaintiff forms. (Doc. 24).
December 31, 2019, Defendants filed a Response (Doc. 25).
Court finds that Plaintiff's revised Notice of Collective
Action Lawsuit (Doc. 24-1) should be accepted, though with
certain changes, some of which were discussed during the
December 11 conference call. For example, potential
plaintiffs should be informed that, should they choose to
join the lawsuit, they may be represented by counsel for
Plaintiff or may hire an attorney of their own choosing.
See e.g., Moseman v. U.S. Bank Nat'l
Ass'n, No. 3:17-CV-00481-FDW-DCK, 2018 WL 3616864,
at *2 (W.D. N.C. June 12, 2018).
Court declines, however, to endorse Plaintiff's proposed
Consent to Become Party Plaintiff form (Doc. 20-2). As
written, the form includes several provisions that would
appear to be more appropriate for an engagement agreement
and, as noted, no authority has been provided to indicate
that such forms are required to be authorized by the Court.
IS THEREFORE ORDERED THAT:
Parties' Joint Motion to Approve Notice, Consent to Join
Form, and Conditional Certification Plan (Doc. 20) is
GRANTED IN PART as follows:
a. The revised Notice of Collective Action Lawsuit filed on
December 19, 2019 (Doc. 24-1) (“Revised Notice”)
is ACCEPTED subject to the following
revisions which shall be made by Plaintiff's counsel
before the Revised Notice is distributed.
b. Section I (Introduction):
i. Change “Plaintiff … filed this lawsuit on
behalf of himself and all current and former tipped employees
… ” to “Plaintiff… filed this
lawsuit on behalf of herself and also seeks to sue on behalf
of all current and former tipped employees … .”
ii. Change “You are receiving this Notice because you
are ‘similarly situated' to the Plaintiff and are
eligible to join this lawsuit” to “You are
receiving this Notice because you may be ‘similarly
situated' to ...