Opinion
20-cv-958-DWD
06-06-2022
CHRIS IANNOTTI, individually and for others similarly situated, Plaintiff, v. WOOD GROUP MUSTANG, Defendant.
MEMORANDUM AND ORDER
DAVID W. DUGAN UNITED STATES DISTRICT JUDGE
This matter comes before the Court for case management purposes. On May 20, 2022, the Court conditionally certified this action to proceed as a collective action pursuant to 29 U.S.C. § 216(b). The Court authorized Plaintiff Chris Iannotti to send notice under § 216(b) of the FLSA to all employees of Wood Group paid according to its day rate pay plan in the past three years with a connection to the State of Illinois, although it reserved ruling on the content and format of that notice (Doc. 61).
“The Court has both the power and the duty to ensure that the notice is fair and accurate, [but] that power should not be used to alter plaintiffs' proposed notice unless such alternation is necessary.” Pizano v. Big Top Party Rentals, LLC, No. 15-CV-11190, 2018 WL 2193245, at *9 (N.D. Ill. May 14, 2018) (citing King v. ITT Continental Baking Co., 1986 WL 2628, at * 3 (N.D. Ill. Feb. 18, 1986).
After considering the joint proposed notice submitted by the parties, the Court APPROVES the proposed notice and ORDERS that notice under § 216(b) shall be given in the form of the notice submitted by the parties. The Court further ORDERS that all consents must be filed in this case within 90 days of the first date the notice is mailed.
Within seven days after the deadline for filing consents, Plaintiff is DIRECTED to file a final notice setting forth a list of all plaintiffs who have joined in this case. The list shall be in the following format:
Name (Last, First; in alpha order)
Date consent filed
Docket number of consent
Finally, in the Court's May 20, 2022 Order, the Court tolled the claims of all potential opt-in plaintiffs, as further defined in that Order, effective from May 4, 2022 until the later of: (1) 30-days from the entry of the orders denying the petitions for writ of certiorari in Waters (Supreme Court Docket No. 21-1192) and Canaday (Supreme Court Docket No. 21-1098), or (2) 30-days from the issuance of the corresponding opinion(s) from the United States Supreme Court (Doc. 61). On June 6, 2022, the United States Supreme Court denied both petitions. See Day & Zimmerman NPS, Inc. v. Waters, John, No. 21-1192, 2022 WL 1914117 (U.S. June 6, 2022); Canaday, Laura v. Anthem Companies, Inc., No. 21-1098, 2022 WL 1914113 (U.S. June 6, 2022). Accordingly, the tolling period defined in the Court's May 20, 2022 Order (Doc. 61) shall TERMINATE on July 6, 2022, and the parties are relieved of their obligation to file status reports concerning the petitions for writ of certiorari in Waters and Canaday (See Doc. 61).
SO ORDERED.