United States District Court, N.D. Ohio, Eastern Division
JUSTINA GORSHA, on behalf of herself and al others similarly situated, Plaintiff,
HUMMINGBIRD HOME CARE, LLC, et al, Defendants.
Shannon M. Draher (0074304) Nilges Draher LLC Christopher J.
Lalak (0090079) Nilges Draher LLC Counsel for Plaintiffs.
Y. Freeman (0062040) Buckingham, Doolittle & Burroughs,
LLC Phillip A. Ciano (0066134) Ciano & Goldwasser, LLP
Attorneys for Defendant.
STIPULATION AND PROPOSED ORDER FOR CONDITIONAL
CERTIFICATION, NOTICE, DUE DILIGENCE EXCHANGE AND
HONORABLE SXRA LIOI, UNITED STATES DISTRICT JUDGE.
parties believe they can avoid substantial litigation costs
by entering into certain stipulations, exchanging due
diligence materials, and negotiating a global settlement.
Therefore, subject to the Court's approval, the parties
hereby stipulate as set forth below and consent to the entry
of this stipulation as an order of the Court. The stipulated
matters consist of (1) conditional certification of the case
as a collective action under the Fair Labor Standards Act, 29
U.S.C. § 216(b), on behalf of Plaintiff and others
similarly situated, as defined herein, (2) provisions
regarding the distribution of notice to potential opt-ins,
(3) informal exchange of documents and information between
the parties enabling them to conduct due diligence regarding
the claims and issues, and (4) the exploration of settlement.
following stipulations shall become effective between the
parties upon the entry or endorsement of this stipulation as
an order of the Court or the entry of a separate order
approving the stipulation and ordering the matters
Section 216(b) of the FLSA provides that “[a]n action
to recover the liability prescribed” by the Act
“may be maintained against any employer… by any
one or more employees for and on behalf of himself or
themselves and other employees similarly situated.”
Section 16(b) specifies that “[n]o employee shall be a
party plaintiff to any 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.”
Conditionally certifying a case as a collective action under
§ 216(b) permits notice to be given to potential opt-ins
informing them of the collective action and permitting them
to join the case pursuant to § 216(b). Comer v.
Wal-Mart Stores, 454 F.3d 544, 546-48 (6th Cir. 2006).
See Myers v. Hertz Corp., 624 F.3d 537, 555, n.10
(2d Cir. 2010) (conditional certification's sole effect
is “to facilitate the sending of notice to potential
parties stipulate that this case may be conditionally
certified by the Court as a collective action under §
216(b) on behalf of Plaintiff and others similarly situated,
All former and current Home Health Aides, or similar
home care providers with different job titles, who worked
more than 40 hours in one or more workweeks between August
30, 2016 and the present (the “Collective Class
parties will jointly file a proposed plan for notice which
shall include (i) the form of the proposed notice, (ii) the
compilation of a roster of present and former employees to
whom the notice will be sent, and (iii) logistical details of
First, however, the parties respectfully ask the Court to
postpone notice so that the proposed due-diligence exchange
and settlement discussions can take place. If the that
discussion is unsuccessful, the parties will engage the
services of a mediator. If the parties are ultimately unable
to settle this case, they will jointly ask the Court to
approve a notice informing potential opt-ins of this case and
enabling them to participate.
purposes of due diligence, the parties will exchange
documents and information on or before ...