Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00008-MBH

Document 6

Filed 01/29/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LARRY S. ANDERSON, et al. Plaintiffs, ) ) ) ) 1:07-cv-08-MBH ) (Judge Horn) ) ) ) ) ) )

v. THE UNITED STATES Defendant.

PLAINTIFFS' UNOPPOSED MOTION TO AMEND COMPLAINT In accordance with Rule 15(a) of the Rules of the United States Court of Federal Claims, plaintiffs respectfully submit this motion to file their Second Amended Complaint. The reasons supporting plaintiffs' motion are set forth below: 1. Plaintiffs brought this action as a collective action in accordance with 29

U.S.C. § 216(b) of the Fair Labor Standards Act (" FLSA"on behalf of themselves and ) all others similarly situated against the defendant because of defendant's unlawful deprivation of plaintiffs' rights to overtime compensation. 2. Plaintiffs seek to amend their complaint to add three plaintiffs. The new

plaintiffs are Donald W. Dempsey, Jackie T. Norlin, Leonard J. Van Houten. They are similarly situated to the original plaintiffs in that they are current employees of the United States Navy, employed by the Naval Air Warfare Center working in technical and related occupations in positions classified at the GS-12 and below grade level. 3. To participate in this action, similarly situated employees must "opt-in" by

filing a written consent to participate in this lawsuit. FLSA, 29 U.S.C. § 216(b).

Case 1:07-cv-00008-MBH

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4.

The addition of the three plaintiffs will not interfere with nor delay any of

the deadlines in this case, as the defendant has not yet filed an Answer. 5. Plaintiffs' counsel has consulted with defendant'counsel and s

defendant'counsel does not oppose this motion. s 6. Plaintiffs' Second Amended Complaint is attached hereto. The only

modification to the complaint is the addition of the plaintiffs identified in paragraph 2 above. Their Consent to Sue forms are filed with Plaintiffs' Second Amended Complaint. Respectfully submitted,

Dated: January 29, 2007

/s/ Molly A. Elkin Molly A. Elkin WOODLEY & McGILLIVARY 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 (202) 833-8855 Attorney of Record

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Case 1:07-cv-00008-MBH

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CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing Plaintiffs' Motion to File Second Amended Complaint was served electronically on the following counsel of record on this 29th day of January of 2007:

Robert C. Bigler Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street NW Washington, D.C. 20530

/s/Molly A. Elkin______ Molly A. Elkin

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