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Weaver v. Label Hospitality Group, LLC

United States District Court, D. South Carolina, Florence Division

February 1, 2017

DAN WEAVER, on behalf of himself and all others similarly situated, Plaintiff,
v.
LABEL HOSPITALITY GROUP, LLC d/b/a ROOSTER'S RESTAURANT BAR AND GRILL and EREZ SUKARCHI, individually, Defendants.

          ORDER GRANTING CONDITIONAL CERTIFICATION UNDER THE FLSA

          R. Bryan Harwell United States District Judge

         This matter comes before the Court on the parties' Consent Order for Conditional Certification and to Authorize Notice to Putative Class Members in connection with Counts I and II of Plaintiff's Complaint (ECF 1) arising under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b).

         The parties have consented to conditional certification of the FLSA collective action and to issuance of notice in the form attached to this Order.

         The Court, therefore, Orders as follows:

         1. This action will be conditionally certified as a collective action under 29 U.S.C. § 216(b).

         2. The class shall be defined as: “All current and former employees of Rooster's Restaurant Bar and Grill (Rooster's) at any time from June 13, 2014 to August 31, 2014[1] 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 either to remit a portion of their tips into a tip pool or received funds from a tip pool.”

         3. The Notice and Consent (“Notice”) attached to this Order as Exhibit 1 is appropriate to provide notice to the potential members of the class, via U.S. Mail and for allowing potential members of the class to opt-in, or join, the class. The mailing envelope shall have a return address as follows:

Class Action Lawsuit Weaver v. Roosters Important Notice of Your Legal Rights PLEASE OPEN & READ P.O. Box 26170 Santa Ana, CA 92799

         Enclosed, 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 address.

         4. The Email Notice, Exhibit 2, is appropriate for sending Notice to potential class members via email. The subject line of the email shall read: Rooster's Restaurant Bar and Grill Lawsuit - Please Read.

         5. The Text Message Notice Via Cell Phone, Exhibit 3, is appropriate for sending Notice to potential class members via text message.

         6. Notice shall be authorized to potential putative class members for a forty-five (45) day period of time. Putative class members will have forty-five (45) 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.

         7. The parties shall use the service of Third Party Administrator (“TPA”), Simpluris, Inc., to handle distribution of Notice and Consent. Defendants shall pay all fees and costs of TPA.

         8. Within three (3) calendar days of the entry of this Order, Defendants shall provide, in electronic format, if available, the TPA, for all putative members ...


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