ADAMS, et al v. CITICORP CREDIT SERVICES, INC. (USA)
HENRY DENNIS ADAMS, KELLY HARRISON, JAMES E. WHITFIELD, JR. and KATHERINE KRAEMER |
CITICORP CREDIT SERVICES, INC. (USA) |
1:2012cv00286 |
March 22, 2012 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Guilford |
UNASSIGNED |
L. PATRICK AULD |
Constitutionality of State Statutes |
05 U.S.C. ยง 704 |
Plaintiff |
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Filing 83 MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/20/2015; that Defendant's Motion to Compel Arbitration for Plaintiffs Adams, Whitfield, and Kraemer and to Stay Proceedings (Docket Entry 29 ) is GRANTED IN PART, DEF ERRED IN PART, AND DENIED WITHOUT PREJUDICE IN PART, in that Plaintiffs Whitfield and Kraemer must submit to arbitration, that any determination as to Plaintiff Adams must proceed to trial on the issue of an agreement to arbitrate, and that no stay will issue at this time as to anyone other than Plaintiffs Whitfield and Kraemer. FURTHER ORDERED that Plaintiffs' Motion for Conditional Certification as a Collective Action pursuant to the Fair Labor Standards Act (Docket Entry 37 ) is GRANTED in that the Court will conditionally certify a class defined as "all customer service telephone operator employees who worked at Citi's Greensboro, North Carolina call center facility after March 22, 2009 and used the telephone system to record their time." FURTHER ORDERED that, on or before April 20, 2015, the Parties shall file a Joint Status Report regarding their efforts to agree on a notification plan, Notice of Conditional Certification, and Consent to Join Form, including their joint or individual proposals for such matters. (Garland, Leah) |
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