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Regan v. City of Charleston

United States District Court, D. South Carolina, Charleston Division

August 18, 2014

James Regan, Jesse Faircloth, Michael Pack, Thomas Haffey, Jacob Stafford, and Kyle Watkins, Each on Behalf of Himself and All Others Similarly Situated, Plaintiff,
v.
City of Charleston, South Carolina, Defendant

For James Regan, Jesse Faircloth, Michael Pack, Thomas Haffey, Jacob Stafford, Kyle Watkins, Each on behalf of himself and all others similarly situated, Plaintiffs: Ben LeClercq, William G DesChamps , IV, LEAD ATTORNEYS, LeClercq Law Firm, Mt Pleasant, SC; Carlos V Leach, PRO HAC VICE, Morgan and Morgan, Orlando, FL.

For Matthew Dunn, Each on Behalf of Himself and All Others Similarly Situated, Matt Klinker, Each on Behalf of Himself and All Others Similarly Situated, Michael Calabro, Each on Behalf of Himself and All Others Similarly Situated, Michael Hanuscin, Each on Behalf of Himself and All Others Similarly Situated, Michael Walker, Each on Behalf of Himself and All Others Similarly Situated, Milton Green, Nicholas Boyer, Pat Mulhern, Each on Behalf of Himself and All Others Similarly Situated, Paul Tumminia, Each on Behalf of Himself and All Others Similarly Situated, Pete Salvo, Each on Behalf of Himself and All Others Similarly Situated, RJ Evan, Each on Behalf of Himself and All Others Similarly Situated, Richard Worrell, Each on Behalf of Himself and All Others Similarly Situated, Ronald McGee, Each on Behalf of Himself and All Others Similarly Situated, Ryan Delk, Each on Behalf of Himself and All Others Similarly Situated, Ryan Malone, Each on Behalf of Himself and All Others Similarly Situated, Ryan Taylor, Sr, Each on Behalf of Himself and All Others Similarly Situated, Scott Mcwetly, Each on Behalf of Himself and All Others Similarly Situated, Sean Kilcoyne, Each on Behalf of Himself and All Others Similarly Situated, Shane Hayre, Each on Behalf of Himself and All Others Similarly Situated, Shawn Hayes, Each on Behalf of Himself and All Others Similarly Situated, Stephen Webb, Each on Behalf of Himself and All Others Similarly Situated, Steven White, Each on Behalf of Himself and All Others Similarly Situated, Timothy Goodwin, Each on Behalf of Himself and All Others Similarly Situated, Todd Delamielleure, Delamielleure, Travis Doverspike, Delamielleure, Travis Holseberg, Each on Behalf of Himself and All Others Similarly Situated, Trevor Miles, Each on Behalf of Himself and All Others Similarly Situated, Victor Fernandez, Each on Behalf of Himself and All Others Similarly Situated, William Bristow, Each on Behalf of Himself and All Others Similarly Situated, William Kilcoyne, Each on Behalf of Himself and All Others Similarly Situated, William R Glover, Each on Behalf of Himself and All Others Similarly Situated, William Towne, Each on Behalf of Himself and All Others Similarly Situated, Willie Day, Each on Behalf of Himself and All Others Similarly Situated, Galen Scougale, Glenn Baumuller, Grant Belleau, Herbert Scott, Hugo Marchand, James Dewitt, James Jacques, Jason Dunigan, Jason Jenkins, Jeffrey McGee, Jeremiah Jenkins, Jeremy Tipton, Joe Johnson, Joseph Hardin, Joseph Simmons, John Kilcoyne, John Mccambidge, John McHaffey, John Cooper, John Lemacks, Joshua Hamilton, Joshua Turner, Justin Kahle, Keith Peterson, Kenneth Jenkins, Kevin Pool, Kevin Carter, Kip Hibbard, Lawrence Rossi, Adam Suiter, Albert Graziani, Alexzander Glover, Alfonso Procopio, Alford Brewington, Andrew Crotty, Anthony Greene, Arthur Wittner, Aubrey Tillman, Bill Haigler, Bobby Wright, Brad Mizzell, Brian Champlin, Brent Allen Gunn, Bryan Bolick, Buck Newcomb, Christopher Zailski, Corey Godwin, David Glover, David Morris, David Ryan Hurst, Demetrius Frye, Derek Westfield, Devin Hodgman, Donovan Richardson, Dru Wolfe, Dwayne Felder, Emory Nix, Floyd Small, Sr, Frankie Delesline, Stacey Washington, Justin Perkey, Xavier Passement, Brian Mann, George Corrie, Kyle Weiss, Evan Kraack, Luke Diemunsch, John Steinert, Sean Rivers, Christopher Tennyson, Earl Dunlap, Franklin Lemacks, Matthew Jones, Michael Sullivan, Roachie Robinson, Evan English, Dewayne Jacques, John Tumminia, Frank Dabney, Joshua Delk, Zolt Szoke, Nathan Hawkins, John Hachett, Rufus Brown, Edward Henry, Kyle Minasian, Ryan Ward, Edward Mascaro, William Johnson, Plaintiffs: Ben LeClercq, LEAD ATTORNEY, William G DesChamps , IV, LeClercq Law Firm, Mt Pleasant, SC; Carlos V Leach, PRO HAC VICE, Morgan and Morgan, Orlando, FL.

For Glenn E Baldwin, Daniel Arthur, Scott Bailey, Plaintiffs: Ben LeClercq, LEAD ATTORNEY, William G DesChamps , IV, LeClercq Law Firm, Mt Pleasant, SC.

For Clint Yutzy, Davis Michael Benson, Jerome R Washington, Sr, Joseph W Johnston, Kevin Brophy, Laval Green, Matthew Gilbert, Michael Chandler, Robert Deal, Robert M Barrienau, Ronald Witt, Todd Herring, Ryan Hall, Michael Gorby, Demeial Seabrook, Joseph Rivers-Robinson, Terry Frank Hess, Phillip Holt, Brian Koster, John McClary, Bryan Markham, Buel Brown, Casey Sullivan, Dan Young, David Fleming, Gregg Hayre, Gregory Miller, Jason Evans, Jerry Lane Warren, John Cole, Kim Drayton, Kyle Best, Maynard Hunt Cain, Michael Barrett, Michael Savage, Nicholas Daymus, Nicholas Smith, Patrick Jones, Peter Russell Gessner, Robert Barrett, Robert Fulmer, Stephen Shuler, Thomas Tallent, Timothy Black, William Finley, Adam Mims, Brian Green, Brian Kropp, Clifton Schurlknight, Frankie Miles, Jake Jenkins, John McDonald, Joseph Adams, Lester Lasmarias, Marian Sanford, Matthew Fogliano, Randal Evans, Rob Tackett, Plaintiffs: Ben LeClercq, William G DesChamps , IV, LEAD ATTORNEYS, LeClercq Law Firm, Mt Pleasant, SC; Carlos V Leach, LEAD ATTORNEY, PRO HAC VICE, Morgan and Morgan, Orlando, FL.

For Charleston SC, City of, Defendant: Caroline Wrenn Cleveland, LEAD ATTORNEY, Caroline Wrenn Cleveland Law Office, Charleston, SC.

Page 699

ORDER

PATRICK MICHAEL DUFFY, United States District Judge.

This matter is before the Court on Plaintiffs James Regan, Jesse Faircloth, Michael Pack, Thomas Haffey, Jacob Stafford, and Kyle Watkins's (" Plaintiffs" ) Motion to Reconsider the Court's July 16, 2014 Order, ECF No. 76. In the July 16, 2014 Order (" Prior Order" ), the Court granted in part and denied in part Plaintiffs' Motion for Conditional Class Certification (" Motion for Conditional Certification" ) of a putative class pursuant to the collective action provision of the Fair Labor Standards Act (" FLSA" ), 29 U.S.C. § 216(b). Plaintiffs now move the Court to reconsider a single issue addressed in the Prior Order, namely, the denial of Plaintiffs' request that the

Page 700

City be required to produce email addresses for potential plaintiffs. For the reasons set forth herein, the Court denies Plaintiffs' Motion to Reconsider.

BACKGROUND

Plaintiffs, current or former firefighters with the City of Charleston's (" Defendant" or " the City" ) Fire Department, commenced this action on November 7, 2013, on behalf of themselves and others similarly situated, seeking unpaid overtime compensation pursuant to the FLSA. On February 7, 2014, Plaintiffs filed a Motion for Conditional Certification seeking to conditionally certify this matter as a collective action under the FLSA, as well as requesting permission to send notices to potential plaintiffs. In order to facilitate this notice, Plaintiffs requested that the City be ordered to produce " the names, addresses, telephone numbers, and email addresses of all members belonging to the putative Class and the subclasses." Pls.' Mot. for Conditional Certification 2, ECF No. 43 (emphasis added); see also id. at 21, 23 (repeating request for email addresses).

The City responded to the Motion for Conditional Certification on February 26, 2014, consenting in part to conditional certification, while also asserting specific objections to the proposed primary class and subclasses and to a number of the requested notice provisions and procedures. With regard to Plaintiffs' request for email addresses, the City initially stated that " Defendant represents that it does not have the requested email addresses." Def.'s Resp. to Pls.' Mot. for Conditional Certification 2, ECF No. 49. However, the City subsequently issued a more specific denial, asserting that it " does not maintain a record of the personal email addresses for its employees, and [that] it cannot produce what it does not have." Id. at 29 (emphasis added); see also id. at 30 (" Defendant does not have the personal email addresses." (emphasis added)). Plaintiffs filed their Reply on March 10, 2014. Notwithstanding the City's apparent interpretation of Plaintiffs' request as pertaining solely to " personal," or " private," email addresses, Plaintiffs did not address this issue in their Reply, instead electing to limit their Reply to only two points raised by the City in its Response.

Following a status conference on June 30, 2014, the Court issued the Prior Order, granting in part and denying in part Plaintiffs' Motion for Conditional Certification. In doing so, the Court ordered the City to serve upon Plaintiffs' counsel within ten days of entry of the Prior Order the names and addresses for all potential opt-in plaintiffs. However, the Court denied Plaintiffs' request for email addresses and telephone numbers of potential plaintiffs, reasoning ...


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