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Marshall v. Amsted Industries

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 29, 2010

CHESTER MARSHALL AND RICHARD WHITBY, INDIVIDUALLY AND ON BEHALF OF SIMILARLY SITUATED INDIVIDUALS, PLAINTIFFS,
v.
AMSTED INDUSTRIES, INC. AND AMSTED RAIL COMPANY, INC., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

The Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216, et seq., authorizes employees to present their claims through a collective action filed on behalf of themselves (as representative plaintiffs) and other similarly situated workers. On June 16, 2010, the undersigned Judge conditionally certified the above-captioned case as an FLSA collective action and authorized Plaintiffs' counsel to send notice to all current and former hourly employees who worked at Defendants' Granite City facility in the past three years. The Court reserved ruling on the form, contents and posting of the notice advising employees of this lawsuit. At a July 7, 2010 in-court hearing and via July 21, 2010 Order (Doc. 93), the Court resolved the notice-related issues and directed defense counsel to submit a revised final notice comporting with those rulings. Counsel timely did so on July 26, 2010.

The Court hereby APPROVES the final Notice of Collective Action jointly filed by the parties on July 26, 2010 (attached to Doc. 95).

IT IS SO ORDERED.

Michael J. Reagan United States District Judge

20100729

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