Marshall v. United States Postal Service

MEMORANDUM OPINION

AUBREY E. ROBINSON, Jr., District Judge.

Before the Court is Defendant’s Motion to Quash Subpoena in the above captioned action. The facts may be succinctly stated as follows:

In 1978 Plaintiff-intervenors and Defendant settled certain private class actions brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. That Act provides, inter alia, that no employee may be a party unless he or she so consents in writing. 29 U.S.C. § 216(b). Thus, employees who did not so consent (hereinafter referred to as “non-plaintiffs”) could not directly benefit from the 1978…