Laney v. Redback Energy Servs., LLC

285 F. Supp. 3d 980
CourtDistrict Court, W.D. Texas
DecidedJanuary 25, 2018
DocketSA–17–CA–650–FB–HJB
StatusPublished
Cited by3 cases

This text of 285 F. Supp. 3d 980 (Laney v. Redback Energy Servs., LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laney v. Redback Energy Servs., LLC, 285 F. Supp. 3d 980 (W.D. Tex. 2018).

Opinion

Henry J. Bemporad, United States Magistrate Judge

This Order concerns Plaintiffs' Motion for Conditional Certification (Docket Entry 21) and Plaintiffs' Motion for Approval and Distribution of Notice and for Disclosure of Contact Information (Docket Entry 22). Pretrial matters have been referred to the undersigned for disposition pursuant to 28 U.S.C. § 636(b). (See Docket Entry 9.) For the reasons set out below, Plaintiffs' Motion for Conditional Certification (Docket Entry 21) is GRANTED IN PART , and Plaintiffs' Motion for Approval and Distribution of Notice and for Disclosure of Contact Information (Docket Entry 22) is HELD IN ABEYANCE .

I. Jurisdiction.

Plaintiffs' suit alleges violations of the Fair Labor Standards Act ("FLSA"). This Court has jurisdiction pursuant to 28 U.S.C. § 1331 and 29 U.S.C. § 201, et seq.

II. Background.

This a putative collective action suit to recover unpaid overtime compensation and other damages under FLSA, 29 U.S.C. § 201, et seq. (Docket Entry 10, at 2.) Defendants Redback Energy Services, LLC, and Redback Coil Tubing, LLC (collectively "Redback") provide products and services in the oil and gas industry. (Id. at 3.) Defendants Fernandez, Jacobi, Domenichelli, Lancaster, and Layton are all executives of Redback and are alleged to be "employers" within the meaning of FLSA.1 (Docket Entry 10, at 5-6.) Plaintiffs allege that they were employed by Defendants as Supervisors within the three years preceding the filing of this lawsuit. (Docket Entry 10, at 3-4.)

On July 18, 2017, Plaintiffs filed this collective action on behalf of themselves and other Supervisors who were not paid "lawful overtime compensation for hours worked in excess of forty (40) hours per week." (Docket Entry 1, at 2.) Plaintiffs filed a motion to conditionally certify a putative class consisting of "[a]ll current and former employees of Defendants who were employed as salaried Supervisors at any time since July 18, 2014." (Docket Entry 21, at 3.) Plaintiffs concurrently filed a motion seeking approval and distribution of notice to the putative class. (Docket Entry 22.) Defendants responded to both motions (Docket Entries 26 and 27) and Plaintiffs replied (Docket Entries 28 and 29).

*984At a scheduling conference held on October 26, 2017, the parties discussed these motions, and the potential impact on the opt-in class in this case that could be caused by previous litigation in which "the same class of employees" was certified for collective action, in a case called Reynolds v. Redback Energy Services, LLC , No. 5:15-cv-1145-M (W.D. Okla.). (See Docket Entry 28, at 2.) At the conference, the parties made competing proposals for certifying a class which would avoid duplication of the claims already addressed in Reynolds. The parties subsequently filed supplemental briefing concerning the appropriate scope of the potential opt-in class in light of Reynolds. (See Docket Entries 36-38.)

III. Motion for Conditional Certification.

Plaintiffs move to conditionally certify a class comprised of "all current and former employees of Defendants who were employed as salaried Supervisors at any time since July 18, 2014, excluding individuals who settled their claims in the Reynolds case and did not continue working after the settlement in Reynolds. "2 (Docket Entry 37, at 1.) Defendants object both to certification in general and to the scope of the proposed class.

A. Certification.

FLSA permits employees to bring an action against their employers for violation of FLSA wage and hour provisions. 29 U.S.C. § 216. Section 216(b) permits an employee to bring an action against his employer on "behalf of [himself] ... and other employees similarly situated." 29 U.S.C. § 216(b). This type of collective action follows an "opt-in" procedure, under which "[n]o employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought." Id.

Courts have discretion to allow a party asserting FLSA claims on behalf of others to notify potential plaintiffs that they may choose to "opt-in" to the suit. See Hoffmann-La Roche, Inc. v. Sperling , 493 U.S. 165, 169, 110 S.Ct. 482, 107 L.Ed.2d 480 (1989). Although the Fifth Circuit has not adopted a specific standard to be used in determining the propriety of class certification under the FLSA, it has recognized the two-stage approach used by many courts. See Mooney v. Aramco Servs. Co. , 54 F.3d 1207, 1213-14 (5th Cir. 1995), overruled on other grounds by Desert Palace, Inc. v. Costa , 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003).

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Bluebook (online)
285 F. Supp. 3d 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laney-v-redback-energy-servs-llc-txwd-2018.