United States District Court, S.D. Texas, Galveston Division
CINDY SILVA, on behalf of herself individually, and ALL OTHERS SIMILARLY SITUATED, Plaintiff,
INTEC COMMUNICATIONS, LLC, Defendant.
the Plaintiff: Don J. Foty State Bar No. 24050022
the Defendant: Brett S. Field State Bar No. 24050596
JOINT STIPULATION FOR CONDITIONAL CERTIFICATION AND
Cindy Silva, on behalf of herself and all others similarly
situated, and Defendant Intec Communications, LLC
("Intec") (collectively "Parties") hereby
file this Stipulation Regarding Conditional Certification and
Notice to Class Members and request Court approval of such
stipulation by signing below in the space provided.
the terms of the Parties' Stipulation, Intec will consent
to this Court conditionally certifying this matter as a
collective action under the FLSA, 29 U.S.C. § 216(b).
The Class Members shall consist of the following:
All current and former technicians, and all employees
with substantially similar duties, who worked for Intec
Communications, LLC at any time from October 31, 2014 to the
agreeing to this stipulation and class definition, Intec is
not limiting or waiving any of its defenses, including but
not limited to its right to assert that the putative class
members were properly classified as exempt from overtime pay
and that it is not liable for all or part of any alleged
damages that Plaintiff or putative opt-in Plaintiffs claim to
have incurred during this time period, that some of the
putative opt-in Plaintiffs may have settled all or a portion
of their claim(s) in the case of Walters v. Intec
Communications, LLC, No. 1:15-cv-02673, in the North
District of Georgia, or its right to later move for
Parties stipulate that Don Foty of Kennedy Hodges, LLP shall
serve as class counsel and that Cindy Silva shall serve as
the representative for the class.
Parties stipulate that within thirty (30)
days of the Court approving this stipulation by
signing below, Intec shall provide to Plaintiffs counsel the
names, dates of employment, last known home addresses, and
email addresses for all Class Members as defined above. Intec
will provide dates of birth, if known, for any individuals
whose notices are returned as undeliverable and without a
forwarding address. Intec shall provide such information in a
computer-readable format, such as a Microsoft Excel
Parties stipulate that Plaintiffs counsel shall transmit the
agreed Notice of Rights and agreed Consent Form via first
class mail and electronic mail to all persons contained on
the list within fourteen (14) days of
receiving the list from Intec. Plaintiffs counsel will inform
Intec's counsel of the date on which the first class and
electronic mailing is sent. The Class Members shall be
allowed to execute either a hard copy of the consent form or
an electronic copy of the Consent Form. The Parties have
reached an agreement as to the form of Notice and Consent
Form which are attached as Exhibit "1."
opt-in plaintiffs will have sixty (60) days from the date of
the first class and electronic mailing to file consents with
AUTHORIZED NOTICE TO POTENTIAL CLASS MEMBERS
All current and former Technicians who performed work for
Intec Communications, LLC at any time from October 31, 2014
to the present.
Overtime lawsuit under the Fair Labor Standards Act
Silva v. Intec Communications, LLC, Civil Action No.
3:17-cv-00173, pending in the United States District Court
for the ...