United States District Court, D. New Jersey
YA TAO WANG, and WEITIAN ZHANG, on their own behalf and on behalf of others similarly situated, Plaintiffs,
AN DA N.J. CONSTRUCTION LLC; AN DA EMPIRE LLC; AN DA EASTERN LLC; AN DA GREEN ENERGY LLC; BO LING WU A/K/A BOLING WU, DAI BAO WU, RUOBO CHEN, CHIAN WEI WU, AND SHING WOAN WU A/K/A JIMMY WU, Defendants.
OPINION AND ORDER
MCNULTY, United States District Judge
Plaintiffs and the putative class of individuals having made
an application (DE 25) for conditional certification and to
implement a court-supervised notification to the putative
class members under 29 U.S.C. § 216(b); and
the Court having read and considered the proposed Notice of
Pendency and Consent to Joinder form; and
despite the court's grant (DE 30) of the defendant's
request fr an extension of time to respond to the motion
until May 10, 2019, no response has been received; and
the Court finds that there exist substantial and sufficient
grounds for entering this Order; IT IS this 25th day of June,
2019, ORDERED that:
Plaintiffs' unopposed motion for conditional
certification is GRANTED (DE 25) and the instant matter is
conditionally certified as a collective action pursuant to
the Fair Labor Standards Act on behalf of all current and
former non-exempt and non-managerial employees employed by
defendants AN DA N.J. CONSTRUCTION LLC, located at 111 U.S.
Highway 46, Fairfield N.J. 07004; AN DA EMPIRE LLC, located
at 309 Aycrigg Avenue, Passaic, N.J. 07055; AN DA EASTERN
LLC, located at 7 Peace Valley Road, Towaco, N.J. 07082; and
AN DA GREEN ENERGY LLC, located at 7 Peace Valley Road,
Towaco, N.J. 07082 from July 3, 2015 through entry of
Within Fifteen (15) days after entry of this Order,
defendants shall furnish to plaintiffs' counsel a list of
the following information as it pertains to the individuals
who are within the certified class identified in paragraph
(1) of this Order: first and last name, last known address
with apartment number (if applicable), last known e-mail
addresses, work location, dates of employment, and position
mailing list shall be in a readable and accessible format, in
Microsoft Excel if possible, and shall be accompanied by an
Affidavit from defendants certifying that the name list is
complete from employment records.
Plaintiffs' counsel shall keep this list confidential and
use this list only for the purpose of identifying and mailing
notice to prospective plaintiffs.
disputes as to the inclusion or exclusion of employees from
the mailing list shall be submitted to the Magistrate Judge.
Court approves the form of Notice of Pendency and Consent to
Join and finds that the mailing or emailing of such Notice
will constitute the best notice practicable under the
circumstances to members of the Class.
Notice of Pendency and Consent to Joinder shall be published
in English and Chinese. Plaintiffs' counsel shall file
with this Court a certification from a Chinese translator
retained to translate the Notice of Pendency and Consent to
Within fifteen (15) days after receipt of defendants'
list, the plaintiffs or their designated representatives
shall cause a copy of the Notice of Pendency and Consent to
Joinder Form to be mailed by first class or emailed.
the same time that the notice is disseminated by
plaintiffs' counsel, defendants shall post a copy of the
notice, in English and Chinese, in conspicuous and
unobstructed locations for its employees to view, and the