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Silva v. Intec Communications, LLC

United States District Court, S.D. Texas, Galveston Division

January 9, 2018

CINDY SILVA, on behalf of herself individually, and ALL OTHERS SIMILARLY SITUATED, Plaintiff,
v.
INTEC COMMUNICATIONS, LLC, Defendant.

          For the Plaintiff: Don J. Foty State Bar No. 24050022

          For the Defendant: Brett S. Field State Bar No. 24050596

          JOINT STIPULATION FOR CONDITIONAL CERTIFICATION AND NOTICE

         Plaintiff 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.

         Under 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 present.

         By 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 decertification.

         The 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.

         The 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 Spreadsheet.

         The 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."

         Putative opt-in plaintiffs will have sixty (60) days from the date of the first class and electronic mailing to file consents with the Court.

         COURT AUTHORIZED NOTICE TO POTENTIAL CLASS MEMBERS

         TO: All current and former Technicians who performed work for Intec Communications, LLC at any time from October 31, 2014 to the present.

         RE: Overtime lawsuit under the Fair Labor Standards Act

         Cindy Silva v. Intec Communications, LLC, Civil Action No. 3:17-cv-00173, pending in the United States District Court for the ...


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