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14-8543 - Berger et al vs. Howard Cortes, et al.


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14-8543 - Berger et al vs. Howard Cortes, et al.
May 8, 2015
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MEMORANDUM Opinion and Order: For the foregoing reasons, the Court grants the Rule 12(b)(6) portion of the corporate defendants motion to dismiss, and takes under advisement the Rule 12(b)(2) portion of that motion, R. 25. The Court denies the Rule 12(b)(6) portion of Christopher Perrys motion, and takes under advisement the Rule 12(b)(2) portion of that motion, R. 50. The plaintiffs claims against PIKR, PBS, and PRL are dismissed without prejudice. If the plaintiffs believe that they can overcome the deficiencies the Court has identified, they may file a motion for leave to file an amended complaint and notice it for hearing on June 3, 2015 at 9:00 a.m. Status hearing set for 6/3/2015 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 5/8/2015:Mailed notice(srn, )
March 12, 2018
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MEMORANDUM Opinion and Order: For the foregoing reasons, Plaintiffs' motion to certify the classes and collective actions identified in Plaintiffs' motion, R. 188, is granted. To the extent not already produced, Defendants must produce t Signed by the Honorable Thomas M. Durkin on 3/12/2018:Mailed notice(srn, )o Plaintiffs' counsel by March 23, 2018, in an agreed upon electronic format, the names, addresses, phone numbers, email addresses, and dates of employment for all persons employed by Defendants as servers from September 1, 2013 through present. Plaintiffs are permitted to provide the notice to and seek consent from all such individuals using the form found at R. 189-26. Defendants are directed to post copies of document R. 189-26 on an employee bulletin board at its restaurant starting on the same day Plaintiffs' counsel mails the form, and to keep it posted until the close of the opt-in/opt-out period.Considering the age of this case and motion, the parties' positions on the appropriate date of the close of the opt-in/opt-out period are now obsolete. A status hearing is set for Tuesday, March 20, 2018, at which the parties should be prepared to set that date, and generally update the Court regarding the status of the case. Status hearing set for 3/20/2018 at 09:00 AM.