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Solis et al v. Circle Group, LLC, The et al

MOTION to Certify Class under the FLSA

16 Cited authorities

  1. Hoffmann-La Roche Inc. v. Sperling

    493 U.S. 165 (1989)   Cited 3,039 times   19 Legal Analyses
    Holding that district courts have discretion to implement § 216(b)

  2. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,133 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  3. Thiessen v. Gen. Elec. Capital Corp.

    267 F.3d 1095 (10th Cir. 2001)   Cited 1,009 times   2 Legal Analyses
    Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking

  4. Braunstein v. E. Photographic Laboratories

    600 F.2d 335 (2d Cir. 1978)   Cited 182 times
    Holding that a district court “has the power to order that notice be given to other potential members of the plaintiff class under the ‘opt-in’ provision of the [FLSA]”

  5. Baldozier v. American Family Mut. Ins. Co.

    375 F. Supp. 2d 1089 (D. Colo. 2005)   Cited 58 times
    Holding that allegations of a common policy coupled with a showing of similarly situated plaintiffs are sufficient to grant conditional certification

  6. Turner v. Chipotle Mexican Grill, Inc.

    123 F. Supp. 3d 1300 (D. Colo. 2015)   Cited 21 times
    Recognizing that preliminary certification should follow a "permissive joinder standard" and "presumptively allow workers bringing the same statutory claim against the same employer to join as a collective"

  7. Chavez v. Excel Servs. Se., Inc.

    Civil Action No. 13-cv-03299-CMA-BNB (D. Colo. Sep. 18, 2014)   Cited 1 times

    Civil Action No. 13-cv-03299-CMA-BNB 09-18-2014 NANCY CHAVEZ, MARGARITA HERRERA, and ANA MARIA PEINADO-NOVOA, on behalf of themselves and all others similarly situated, Plaintiffs, v. EXCEL SERVICES SOUTHEAST, INC., EXCEL SERVICES NETWORK, INC., and JAMES DAVID SAXTON, Defendants. Judge Christine M. Arguello ORDER GRANTING MOTION FOR CONDITIONAL CERTIFICATION AS A COLLECTIVE ACTION In this motion, Plaintiffs Nancy Chavez, Margarita Herrera, and Ana Maria Peinado-Novoa ask this Court to: (1) certify

  8. Turner v. Chipotle Mexican Grill, Inc.

    Civil Action No. 14-cv-2612-JLK (D. Colo. Sep. 23, 2015)

    Civil Action No. 14-cv-2612-JLK 09-23-2015 LEAH TURNER, individually and on behalf of others similarly situated, Plaintiff, v. CHIPOTLE MEXICAN GRILL, INC. Defendant. KANE, J. ORDER DENYING MOTION FOR IMMEDIATE INTERLOCUTORY APPEAL Defendant Chipotle has moved (Doc. 88) to certify for immediate interlocutory appeal, pursuant to 28 U.S.C. § 1292 (b), the August 21, 2015 Memorandum Opinion and Order permitting a collective action under the Fair Labor Standards Act (Doc. 87). Defendant also moves to

  9. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,330 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  10. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  11. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,092 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,531 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  13. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,454 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,616 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  15. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,256 times   36 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  16. Section 256 - Determination of commencement of future actions

    29 U.S.C. § 256   Cited 920 times   2 Legal Analyses
    Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join