McNelley v. Aldi, Inc.

McNelley v. Aldi, Inc.

Plaintiff:	Howard McNelley
Defendant:	Aldi, Inc.
Case Number:	1:2009cv01868
Filed:	August 10, 2009
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Defiance
Presiding Judge:	Patricia A. Gaughan
Presiding Judge:
Nature of Suit:	Plaintiff
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 17, 2009	Filing 22 Memorandum Opinion and Order: Plaintiff's Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs is GRANTED. The Court GRANTS conditional certification of plaintiff 9;s proposed collective action: All former and current salaried Store Managers employed by ALDI, Inc. nationwide at any time between August 10, 2006 and the present. The Court ORDERS defendant, within 15 days of this Order, to answer plaintiff's expedited opt-in discovery dated September 15, 2009, and to provide to plaintiff a list containing the name, last known home address (including zip code), and last known telephone number of all former and current salaried Store Managers employed by ALDI, Inc. nationwide at any time between August 10, 2006 and the present. The Court further ORDERS the parties, within 10 days of this Order, to submit to the Court proposed language for notification and consent forms to be issued by the Court appri sing potential plaintiffs of their rights under the FLSA to opt in as parties to this litigation. In drafting the proposed notification language, the parties should "be scrupulous to respect judicial neutrality" and "take care to avoid even the appearance of judicial endorsement of the merits of the action." Hoffman-LaRoche, 493 U.S. at 174. Judge Patricia A. Gaughan on 11/16/09. (LC,S) re 16

Date Filed

Document Text

November 17, 2009

Filing 22 Memorandum Opinion and Order: Plaintiff's Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs is GRANTED. The Court GRANTS conditional certification of plaintiff 9;s proposed collective action: All former and current salaried Store Managers employed by ALDI, Inc. nationwide at any time between August 10, 2006 and the present. The Court ORDERS defendant, within 15 days of this Order, to answer plaintiff's expedited opt-in discovery dated September 15, 2009, and to provide to plaintiff a list containing the name, last known home address (including zip code), and last known telephone number of all former and current salaried Store Managers employed by ALDI, Inc. nationwide at any time between August 10, 2006 and the present. The Court further ORDERS the parties, within 10 days of this Order, to submit to the Court proposed language for notification and consent forms to be issued by the Court appri sing potential plaintiffs of their rights under the FLSA to opt in as parties to this litigation. In drafting the proposed notification language, the parties should "be scrupulous to respect judicial neutrality" and "take care to avoid even the appearance of judicial endorsement of the merits of the action." Hoffman-LaRoche, 493 U.S. at 174. Judge Patricia A. Gaughan on 11/16/09. (LC,S) re 16

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Plaintiff: Howard McNelley
Represented By:	Jason R. Bristol
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Defendant: Aldi, Inc.
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