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Racketeer/Corrupt Organization | New Jersey
Notice of Pro Hac Vice to Receive NEF
Notice of Request by Pro Hac Vice Vinita R. Davey to receive Notices of Electronic Filings. (SCHIEFELBEIN, DAVID)
Labor: Fair Standards | Nebraska
Findings and Recommendation
FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior United States District Judge John M. Gerrard that: Plaintiff's motion for conditional certification of the FLSA collective action (Filing No. 71 ) be granted in part and denied in part, and that the court conditionally certify an FLSA collective consisting of: All current and former, non-exempt hourly employees who have worked full-time for at least one week during the period of the last 3 years until the present for Tenneco Automotive Operating Company Inc. ("Tenneco") in Nebraska. Within fourteen (14) days of entry of an order on this recommendation, Defendant be required to produce to Plaintiff's counsel, in electronic format, the names, last known mailing addresses, email addresses, dates of employment, and locations worked of all individuals within the collective. Defendant need not produce telephone numbers. The opt-in period be ninety (90) days from the date Plaintiff first sends the Notice and Consent to Join Form. Plaintiff's remaining requests be denied as follows: the request to authorize notice by text message be denied; the request to transfer this action to the Eastern District of Michigan be denied; and the requests to amend the Complaint and substitute a named opt-in plaintiff, to strike the declarations of Shania Smolik and Kelly Bolte, and for equitable tolling of the FLSA limitations period be denied without prejudice. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge Ryan C. Carson. (TCL)
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