Cox v. TJ Inspection, Inc.

Full title: SHAWN COX, individually and on behalf of all others similarly situated, Plaintiff, v. TJ INSPECTION, INC. Defendant

Court: United States District Court, Western District of Oklahoma

Date published: Jun 13, 2023

Facts

On February 24, 2023, Plaintiff Shawn Cox filed a Collective Action Complaint (Doc. No. 1), seeking recovery individually and on behalf of all others similarly situated against Defendant TJ Inspection, Inc. for violation of the Fair Labor Standards Act (“FLSA”). See id. ¶¶ 12-14.

The FLSA provides for such collective actions as follows:

An action to recover the liability prescribed . . . may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No 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.

Issue

Decision

Accordingly, the Court ORDERS as follows:

Plaintiff shall submit, within fourteen (14) days of the date of entry of this Order, a written motion for conditional “notice stage” certification of the proposed class of similarly situated persons. The motion shall include a proposed form of notice to employees and a proposed notice and opt-in schedule. Plaintiff’s motion also shall state whether Defendant agrees or objects to the relief sought. 

See Gore, 2022 WL 4134767, at *2; Gore, No. CIV-21-1112-G, Order of Oct. 4, 2022 (Doc. No. 26) at 1-2.

IT IS SO ORDERED this

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