Case 3:13-cv-02951-B Document 5-1 Filed 07/31/13

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BRENDA AGUAYO, MARIA MALDONADO, MARIA CLIMACO, OLIVIA ORTIZ, ANA PALOMARES, SUSANA MARTINEZ AND NICANOR QUIROZ, on behalf of themselves and all others similarly situated, Plaintiffs, V. BASSAM ODEH, INC. AND BASSAM MOHAMMED ODEH Defendants.

CIVIL ACTION NO. 3:13-CV-02951-B

ORDER Pending before the Court is Plaintiffs Motion to Conditionally Certify a Collective Action and to Issue Notice. After considering the pleadings, the motion, the brief in support, any response thereto, and all legally competent evidence, the Court GRANTS Plaintiffs motion. It is therefore ordered that: 1. The Court conditionally certifies a collective action under Fair Labor Standards

Act section 216, and authorizes Plaintiffs counsel to issue opt-in notices and consent forms to all non-exempt fast food restaurant employees of Defendants from July 31, 2010, to the present. The notice to be sent shall be in the form of the notice attached to Plaintiffs Motion to Conditionally Certify a Collective Action and to Issue Notice. 2. The Court further orders Defendants to produce to Plaintiffs counsel in a usable

electronic format no later than seven (7) days from entry of the Courts Order, the names, last known addresses, last known residential and cell phone numbers, e-mail addresses, and dates

Case 3:13-cv-02951-B Document 5-1 Filed 07/31/13

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worked of all persons who worked for Defendants as non-exempt fast food restaurant employees from July 31, 2010 to the present. 3. Defendants are ordered to provide Counsel for Plaintiffs with the last four digits

of the Social Security Number for putative class members whose mail is returned undeliverable. Defendants shall provide that data within 24 hours of being notified by Counsel for Plaintiffs that mail for any putative plaintiff was returned as undeliverable. 4. The Court orders that the envelope, which the aforementioned notices shall be

mailed in, state on the outside, in regular or bold typeface: Notice of Unpaid Overtime Lawsuit Deadline to Join. Plaintiffs Counsel may also e-mail the notices to the employees with the same notice on the cover e-mail attaching the notices. 5. 6. The Court permits a 90 day notice period from the date the notices are mailed. Plaintiffs are permitted to send a postcard reminder to putative class members

who have not returned executed notices of consent 30 days prior to the deadline to join reminding them of the deadline to join 7. Finally, the Court orders that the consent to join forms shall be in substantially

similar form and substance as the consent form attached to Plaintiffs Motion. SIGNED THIS _____ DAY OF _______________________, 2013.

____________________________________________ JUDGE PRESIDING

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