Nunez et al v. Orleans Shoring, LLC et al
| Wilson Nunez and Luis Mejia |
| Orleans Shoring, LLC, Santicima Trinidad, LLC, La Divina Misericordia, LLC, Antonio Nunez and Antonio Nunez Reyes |
| 2:2016cv03005 |
| April 13, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Carl Barbier |
| Joseph C. Wilkinson |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 0216 |
| Plaintiff |
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Filing
37
ORDER & REASONS. It is ORDERED that Plaintiffs' 31 Motion to Strike Defendants' Affirmative Defenses is GRANTED IN PART and DENIED IN PART. Plaintiffs' Motion to Strike is DENIED with respect to the following affirmative defenses : (1) Estoppel, waiver, and unclean hands; (2) Failure to mitigate damages; (4) Lack of standing; (5) De minimis claims; (6) Violation of Fifth Amendment; (7) Lack of standing; and (8) Compromise, satisfaction, and accord affirmative defense. Plaintiffs' Motion to Strike is GRANTED with respect to (3) Defendants' "own act" affirmative defenses, as described above. Signed by Judge Carl Barbier. (gec)
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Filing
36
ORDER & REASONS: ORDERED that Plaintiffs' Motion for Conditional Class Certification, Judicial Notice, and for Disclosure of the Names and Addresses of the Potential Opt-In Plaintiffs (Rec. Doc. 20) is GRANTED IN PART, as set forth in this Or der and Reasons, and that the above-captioned matter is conditionally certified as a collective action pursuant to 29 U.S.C. 216(b). IT IS FURTHER ORDERED that Defendants shall have fourteen (14) days from the entry of this Court's Order, or t hrough an including July 26, 2016, to produce the full names, dates of employment, and last known addresses of all potential class members. IT IS FURTHER ORDERED that the parties meet, confer, and thereafter submit to the Court a joint proposal of notice no later than twenty-one (21) days after entry of this Court's Order, or through an including August 2, 2016. If the parties are unable to agree on the proposed notice, the parties shall file the appropriate motion(s) with their obje ctions no later than twenty-one (21) days after entry of this Court's Order, or through an including August 2, 2016. IT IS FURTHER ORDERED that counsel for Plaintiffs shall have thirty (30) days from the date the proposed notice is approved by the Court to transmit the notice and consent form to all potential class members via U.S. mail. IT IS FURTHER ORDERED that potential class members may opt in to this collection action if: (1) they have mailed, faxed, or emailed their consent form to counsel for the class within ninety (90) days after the notice and consent forms have been mailed out to the class; or (2) they show good cause for any delay. Signed by Judge Carl Barbier on 7/12/16. (sek)
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