[PROPOSED] ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR CIRCULATION OF NOTICE OF THE PENDENCY OF THIS ACTION PURSUANT TO 29 U.S.C. 216(b) AND FOR OTHER RELIEF
GEORGE FOLEY, Jr., Magistrate Judge.
Defendant Lazer Spot, Inc. ("Lazer Spot"), and Plaintiff Lepatrick Featherston ("Plaintiff'), by and through their attorneys, hereby stipulate and agree that Plaintiff's Motion for Circulation of Notice of the Pendency of this Action Pursuant to 29 U.S.C. 216(b) and for Other Relief ("Motion for Conditional Certification") (Doc. No. 16) shall be denied without prejudice. On June 27, 2017, the Court entered the parties' proposed Scheduling Order. (Doc No. 21). Pursuant to the Scheduling Order, the parties will engage in phased discovery and motions practice. Phase 1 will be limited to the application of the Motor Carrier Act exemption to Plaintiff If no Motion for Summary Judgment is filed upon completion of Phase 1, or if resolution of a filed Motion for Summary Judgment results in the case proceeding, Plaintiff may file a Motion for Conditional Certification, including a renewal of his request for equitable tolling of the FLSA statute of limitations. This Stipulation is consistent with this Court's previous ruling in Gaspar v. Supershuttle, 15-cv-02149, Dkt. 33 and Dkt. 40.
Further, as the parties have agreed to such stipulation herein, the parties respectfully request that the hearing currently scheduled for 8/10/2017 at 9:30 am on Plaintiff's Motion, Dkt 16, be vacated pursuant to the terms of this Stipulation.
IT IS SO ORDERED.