IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
BRENDA AGUAYO, MARIA
MALDONADO, MARIA CLIMACO, OLIVIA
ORTIZ, ANA PALOMARES, SUSANA
MARTINEZ AND NICANOR QUIROZ, on
behalf of themselves and all others similarly
BASSAM ODEH, INC. AND BASSAM
CIVIL ACTION NO. 3:13-CV-02951-B
O R D E R
Pending before the Court is Plaintiffs’ Motion to Conditionally Certify a Collective
Action and to Issue Notice. After considering the pleadings, the motion, the brief in support, any
response thereto, and all legally competent evidence, the Court GRANTS Plaintiffs’ motion.
It is therefore ordered that:
1. The Court conditionally certifies a collective action under Fair Labor Standards
Act section 216, and authorizes Plaintiffs’ counsel to issue opt-in notices and consent forms to all
non-exempt fast food restaurant employees of Defendants from July 31, 2010, to the present.
The notice to be sent shall be in the form of the notice attached to Plaintiffs’ Motion to
Conditionally Certify a Collective Action and to Issue Notice.
2. The Court further orders Defendants to produce to Plaintiffs’ counsel in a usable
electronic format no later than seven (7) days from entry of the Court’s Order, the names, last
known addresses, last known residential and cell phone numbers, e-mail addresses, and dates
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worked of all persons who worked for Defendants as non-exempt fast food restaurant employees
from July 31, 2010 to the present.
3. Defendants are ordered to provide Counsel for Plaintiffs with the last four digits
of the Social Security Number for putative class members whose mail is returned undeliverable.
Defendants shall provide that data within 24 hours of being notified by Counsel for Plaintiffs that
mail for any putative plaintiff was returned as undeliverable.
4. The Court orders that the envelope, which the aforementioned notices shall be
mailed in, state on the outside, in regular or bold typeface: “Notice of Unpaid Overtime
Lawsuit – Deadline to Join.” Plaintiffs’ Counsel may also e-mail the notices to the employees
with the same notice on the cover e-mail attaching the notices.
5. The Court permits a 90 day notice period from the date the notices are mailed.
6. Plaintiffs are permitted to send a postcard reminder to putative class members
who have not returned executed notices of consent 30 days prior to the deadline to join
reminding them of the deadline to join
7. Finally, the Court orders that the consent to join forms shall be in substantially
similar form and substance as the consent form attached to Plaintiffs’ Motion.
SIGNED THIS _____ DAY OF _______________________, 2013.
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