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Demrow v. Ensign United States Drilling, Inc.

United States District Court, D. Colorado

February 23, 2016

ANDREW L. DEMROW, on behalf of himself and others similarly situated, Plaintiff,
v.
ENSIGN UNITED STATES DRILLING, INC., Defendant.

ORDER RE STIPULATED MOTION FOR COLLECTIVE ACTION CERTIFICATION, HOFFMAN-LA ROCHE NOTICE, AND TOLLING OF CLAIMS

Michael E. Hegarty United States Magistrate Judge

THIS MATTER, having come before the Court on the parties’ Stipulated Motion for Collective Action Certification, Hoffman-LaRoche Notice and Tolling of Claims, and good cause having been shown therefore, it is hereby ORDERED:

1. Defendant shall disclose, within twenty (20) days, identifying information including the name, last known telephone number and address for each MWD employed by Defendant at any time during the three years prior to the filing of this action, the dates of their employment, their rate of compensation and hours worked.

2. Prospective-Plaintiffs are entitled to have their claims tolled from November 17, 2015 until June 5, 2016, the deadline for filing consents as established by this Court.

3. The deadline for filing of consents is June 5, 2016. All consents must be received or postmarked on or before June 5, 2016.

4. A Hoffmann-La Roche notice, in the form attached hereto, is approved for mailing via first class mail by Plaintiff’s counsel or his designee to all Prospective-Plaintiffs within twenty (20) days from the date that the names, addresses and other data above agreed to be produced of the Prospective-Plaintiffs is disclosed by Defendant.

NOTICE OF COLLECTIVE ACTION

TO: All persons who served as Measuring While Drilling (MWD) operators for Ensign United States Drilling, Inc. after November 17, 2012 who were not paid overtime of at least one and one-half times the regular hourly rate at which you were compensated for hours worked in excess of 40 hours during any workweek.

INTRODUCTION

The purpose of this Notice is (1) to inform you of the existence of collective action litigation under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (the "FLSA") in which you potentially are "similarly situated" to the Plaintiff, (2) to advise you of how your rights may be affected by this litigation, and (3) to instruct you on the procedure for participating in this litigation in the event that you are eligible and have the desire to do so. This notice only seeks to identify those persons who wish to be involved in this case.

DESCRIPTION OF THE LITIGATION

Plaintiff’s Position: On November 17, 2015 Andrew Demrow filed a complaint in the United States District Court for the District of Colorado against Ensign United States Drilling, Inc. on behalf of himself and past and present MWDs performing work for Ensign United States Drilling, Inc. Demrow v. Ensign United States Drilling, Inc., Civil Action No. 15cv02525-MEH.

The parties have agreed that MWDs working for Ensign United States Drilling, Inc. after November 17, 2012 are similarly situated to the Plaintiff, and that these MWDs have a right to join in this collective action. The parties have also agreed that the MWDs were not paid overtime.

The Plaintiff alleges that he and other MWDs are owed time and a half for hours worked in excess of 40 hours in a workweek. The plaintiff seeks to recover the unpaid overtime compensation, along with liquidated damages, attorneys' fees and costs, and all relief he is entitled ...


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