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Sandoz v. Cingular Wireless, LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Jul 2, 2014
CIVIL ACTION NO. 6:07CV1308 (W.D. La. Jul. 2, 2014)

Summary

rejecting equitable tolling for FLSA opt-in plaintiffs who shared the same job, workplace, and access to pay policies as the named plaintiff

Summary of this case from Mejia v. Bros. Petroleum, LLC

Opinion

CIVIL ACTION NO. 6:07CV1308

07-02-2014

COURTNEY SANDOZ v. CINGULAR WIRELESS, LLC, AT&T MOBILITY, LLC, CINGULAR WIRELESS EMPLOYEE SERVICES, LLC


JUDGE DOHERTY


MAGISTRATE JUDGE HANNA


JUDGMENT

The defense Motion to Decertify Conditional Class[Rec. Doc. 158] was remanded to United States Magistrate Judge Patrick J. Hanna for consideration of the limited issue of Defendant's statute of limitations defense. On that directive, a Report and Recommendation was issued. [Rec. Doc. 204] After an independent review of the record, and consideration of the objections filed, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Decertification of Conditionally-Certified Collective Action[Rec. Doc. 158] is GRANTED, and the claims of the opt-in plaintiffs are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion for Expansion of the Minimum Wage Class[Rec. Doc. 153] is DENIED AS MOOT.

Signed at Lafayette, Louisiana this 2 day of July 2014.

__________

Rebecca F. Doherty

United States District Judge


Summaries of

Sandoz v. Cingular Wireless, LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Jul 2, 2014
CIVIL ACTION NO. 6:07CV1308 (W.D. La. Jul. 2, 2014)

rejecting equitable tolling for FLSA opt-in plaintiffs who shared the same job, workplace, and access to pay policies as the named plaintiff

Summary of this case from Mejia v. Bros. Petroleum, LLC

explaining that equitable tolling required "fact-specific determinations which cannot not be made until a putative plaintiff actually opts in"

Summary of this case from T.S. v. Burke Found.
Case details for

Sandoz v. Cingular Wireless, LLC

Case Details

Full title:COURTNEY SANDOZ v. CINGULAR WIRELESS, LLC, AT&T MOBILITY, LLC, CINGULAR…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Jul 2, 2014

Citations

CIVIL ACTION NO. 6:07CV1308 (W.D. La. Jul. 2, 2014)

Citing Cases

Williams v. D'Argent Franchising, L.L.C.

“[P]laintiffs must ‘opt in' to an FLSA collective action.” Sandoz v. Cingular Wireless, L.L.C., 2014 WL …

White v. Integrated Elec. Techs., Inc.

"See, e.g., Mejia, 2014 WL 3853580, at *2; Sandoz v. Cingular Wireless, LLC, No. 07-1308, 2014 WL 3045532, at…