United States District Court, D. South Carolina, Charleston Division
LAUREN ZAJAC, on behalf of herself and all others similarly situated, Plaintiff,
RED WING, LLC d/b/a RED'S ICE HOUSE; CECIL CROWLEY, individually; DIANNE CROWLEY, individually; and JOHN DOES 1-10, individually, Defendants.
ORDER FOR CONDITIONAL CLASS CERTIFICATION AND TO
AUTHORIZE NOTICE TO PUTATIVE CLASS MEMBERS
PATRICK MICHAEL DUFFY, United States District Judge
action came before this court on a Consent Motion (ECF 23)
filed by Plaintiff, Lauren Zajac (“Zajac”), on
behalf of herself and all others similarly situated,
including all opt-in Plaintiffs, (collectively,
“Plaintiffs”), by and through their counsel, and
with the consent of the Defendants Red Wing, LLC d/b/a
Red's Ice House (“Red's”); Cecil Crowley
(“C. Crowley”); and Dianne Crowley (“D.
Crowley”), by and through their counsel,  seeking an Order
of Conditional Collective Action Certification and to
Authorize Notice to Putative Collective Action Members,
pursuant to section 16(b) of the Fair Labor Standards Act, 29
U.S.C. § 216. (Reds, C. Crowley, D. Crowley, and John
Does 1-10 collectively “Defendants”) (Plaintiffs
and Defendants jointly “Parties”).
Parties respectfully request this Honorable Court to order
Conditional certification of this action as a collective
action under 29 U.S.C. § 216(b).
Putative Class shall be defined as: “All current and
former servers and bartenders of Red's who were paid a
direct, or hourly, rate less than the statutory minimum wage
of seven and 25/100 ($7.25) per hour and were required to
participate in the tip pool.” The putative class shall
be limited to those servers and bartenders who meet the
foregoing definition and were employed within the prior three
years of the mailing of the notice, plus the length of time
of the agreed “Tolling of the Statute of
Limitations” as noted in Paragraph 16.
Notice and Consent (“Notice”) (ECF 23-1) is
appropriate to provide notice to the Putative Class Members
(“Members”), via U.S. Mail, and for allowing
Members to opt-in, or join, the class. The mailing envelope
shall have a return address as follows:
Red's Lawsuit Important Notice of Your Legal Rights
PLEASE OPEN & READ P.O. Box 26170 Santa Ana, CA 92799
with the Notice, there will be a self-addressed, postage-paid
envelope using the name and mailing address of
Plaintiffs' counsel for both the address and return
Email Notice (ECF 23-2) is appropriate for sending notice to
Members via email. The subject line of the email shall read:
Red's Lawsuit - Please Read.
Text Message Notice Via Cell Phone (ECF 23-3) is appropriate
for sending notice to Members via text message, if the
conditions outlined below occur.
Notice shall be authorized to Members for a thirty (30) day
period of time. Members will have thirty (30) days from the
date of the Notice to return their Consent
form.Timeliness will be determined based upon
the date that the Consent is post-marked or an email is sent
with the completed “Consent to Join.” 7. The
Parties shall use the services of Third Party Administrator,
Simpluris, Inc. (“TPA”), with Case Manager
Stephen Gomez, to handle distribution of the various notices.
Defendants shall pay all fees and costs of the TPA.
Within five (5) calendar days of the entry of this Order,
Defendants shall provide, in electronic format, if available,
the TPA, for all Members,  the following information:
(b) Latest mailing address on file determined from payroll