Fitzpatrick v. Cuyahoga County

Fitzpatrick v. Cuyahoga County

Plaintiff:	Gary C. Fitzpatrick, Sr.
Defendant:	Cuyahoga County
Case Number:	1:2017cv01235
Filed:	June 13, 2017
Court:	U.S. District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Solomon Oliver
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	Both

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Date Filed	Document Text
November 8, 2017	Filing 39 Order . Plaintiffs Motion for Conditional Certification and Court-Authorized Notice (ECF No. 31) is granted. Plaintiffs Motion for Equitable Tolling (ECF No. 30) of the statute of limitations for the putative class is denied. The court here by conditionally certifies the following class: all present and former nonexempt employees of Cuyahoga County, who at any time during the last three years, received longevity payments and worked overtime during any period in which said payment was earned. The parties are hereby ordered to meet and confer, through counsel, regarding the content and form of notice to be given to the proposed class members and to submit, within fourteen days of the date of this Order, a joint proposed judicial notice. The joint proposed judicial notice shall include a specific opt-in period not to exceed ninety days. Defendant shall, within twenty-one days of the date of this Order, provide Plaintiff with a list of the full name and last known home add ress of each current and former employee fitting the class description, their dates of employment, and their last known personal email address. The list shall be produced electronically and in hard copy. (Related Doc # 30 , 31 ). Signed by Judge Solomon Oliver, Jr. on 10/8/2017.(R,Sh)

Date Filed

Document Text

November 8, 2017

Filing 39 Order . Plaintiffs Motion for Conditional Certification and Court-Authorized Notice (ECF No. 31) is granted. Plaintiffs Motion for Equitable Tolling (ECF No. 30) of the statute of limitations for the putative class is denied. The court here by conditionally certifies the following class: all present and former nonexempt employees of Cuyahoga County, who at any time during the last three years, received longevity payments and worked overtime during any period in which said payment was earned. The parties are hereby ordered to meet and confer, through counsel, regarding the content and form of notice to be given to the proposed class members and to submit, within fourteen days of the date of this Order, a joint proposed judicial notice. The joint proposed judicial notice shall include a specific opt-in period not to exceed ninety days. Defendant shall, within twenty-one days of the date of this Order, provide Plaintiff with a list of the full name and last known home add ress of each current and former employee fitting the class description, their dates of employment, and their last known personal email address. The list shall be produced electronically and in hard copy. (Related Doc # 30 , 31 ). Signed by Judge Solomon Oliver, Jr. on 10/8/2017.(R,Sh)

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Plaintiff: Gary C. Fitzpatrick, Sr.
Represented By:	Michaela M. Calhoun
Represented By:	Shannon M. Draher
Represented By:	Hans A. Nilges
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Defendant: Cuyahoga County
Represented By:	Awatef Assad
Represented By:	Jonathan M. Scandling
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