United States District Court, N.D. Texas, Dallas Division
LUIS MANUEL HERNANDEZ, GILBERTO HERNANDEZ, and all others similarly situated under 29 U.S.C. § 216b, Plaintiff,
ARC TRADING COMPANY; WENRU YOU; and ANN YOU, Defendant.
MEMORANDUM OPINION AND ORDER
L. HORAN, UNITED STATES MAGISTRATE JUDGE.
Luis Manuel Hernandez has filed a Motion to Ratify Opt-In
Notice of Gilberto Hernandez Pursuant to 29 U.S.C. §
216(b). See Dkt. No. 9 (the “Motion to
Ratify”). United States District Judge Sam A. Lindsay
has referred the Motion to Ratify to the undersigned United
States magistrate judge for a hearing, if necessary, and for
determination under 28 U.S.C. § 636. See Dkt.
ARC Trading Company and Wenru You, a/k/a Ann You filed a
response, see Dkt. No. 13, and Plaintiff Luis Manuel
Hernandez has not filed a reply, and his time to do has
reasons and to the extent explained below, the Court GRANTS
Plaintiff Luis Manuel Hernandez's Motion to Ratify Opt-In
Notice of Gilberto Hernandez Pursuant To 29 U.S.C. §
216(b) [Dkt. No. 9].
Luis Manuel Hernandez (“L. Hernandez”) filed his
Complaint in this case on August 3, 2017, bringing a claim
for overtime wage violations pursuant to the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. §§
201-216. See Dkt. No. 1.
September 29, 2017, Gilberto Hernandez (“G.
Hernandez”) filed his notice of opt-in consent under 29
U.S.C. § 216(b), claiming to be a similarly situated
employee. See Dkt. No. 8.
L. Hernandez then filed his Motion to Ratify on October 3,
2017, explaining that “Gilberto Hernandez has filed the
requisite consent form to become a party to this lawsuit and
a separate amended complaint need not be filed on his
behalf” and requesting “that this Court ratify
said opt-in consent form and deem Gilberto Hernandez as an
opt-in plaintiff from the time of the filing of his opt-in
notice with this Court.” Dkt. No. 9 at 2.
then filed an answer and counterclaim on October 4, 2017,
see Dkt. No. 10, and later filed a response in
opposition to the Motion to Ratify on October 24, 2017,
see Dkt. No. 13.
October 25, 2017, L. Hernandez and G. Hernandez together
filed the First Amended Complaint Under 29 U.S.C.
§§ 201- 216 Overtime Wage Violations on behalf of
themselves and all others similarly situated under 29 U.S.C.
§ 216(b). See Dkt. No. 15.
Standards and Analysis
appears that, through the Motion to Ratify, L. Hernandez asks
the Court to formally acknowledge G. Hernandez's joining
this FLSA action as an opt-in plaintiff under 29 U.S.C.
§ 216(b) as of September 29, 2017.
oppose as follows:
1. On September 29, 2017, Gilberto Hernandez (“G.
Hernandez”), filed his opt-in notice pursuant to 29
U.S.C. § 216(b) (the “Opt-In Affidavit”), as
asking to be added as a Plaintiff in the above-referenced
cause, along with Plaintiff Luis Hernandez (“L.
Hernandez”). See Exhibit A to ...