Wednesday, March 18th, 2009...7:22 am
DAlaska: Pointers on FLSA Collective Actions
Judge Ralph Beistline, apparently sua sponte, has instructed plaintiff’s counsel how to join additional claimaints in an FLSA overtime case. In that case, two ex-employees filed the original complaint. When four additional individuals expressed interest in joining the action, Beistline directed them to file complaints-in-intervention.
Beistline has now retracted that direction. He also refused plaintiff counsel’s attempt to file a separate complaint - in the same case number - for each claimant. Beistline further noted that counsel improperly used the designation “et al.” in the caption of a complaint, a device he said “is not permitted under the Local Rules.”
Beistline directed plaintiff’s counsel to file a single “Corrected Amended Complaint” on behalf of all six plaintiffs, naming each in the case caption.
Probert v. Family Centered Services of Alaska, Inc., Case No. 4:07-cv-0030-RRB (D.Alaska Order of Mar. 17, 2009)
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