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16-2708 - Black et al v. DMNO, LLC et al


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16-2708 - Black et al v. DMNO, LLC et al
November 29, 2016
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ORDER AND REASONS granting 12 Motion to Certify Class. Signed by Judge Susie Morgan on 11/29/2016. (cg)
January 19, 2018
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ORDER: ORDERED that 47 Motion to Quash the Third-Party Subpoena Issued to Heartland Payment Systems, Inc. is DENIED. Signed by Magistrate Judge Karen Wells Roby. (cml)
May 21, 2018
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ORDER AND REASONS re 93 Motion to Approve Settlement and to Dismiss Plaintiff Shannon McSwain's Claims with Prejudice. IT IS ORDERED that the Joint Motion to Approve Settlement is GRANTED and the Parties' settlement agreement is APPROVED. IT IS FURTHER ORDERED that Plaintiff Shannon McSwain's claims against Defendants DMNO, LLC; Doron Moshe Rebi-Chia; Itai Ben Eli; and Itamar Levy be and hereby are DISMISSED WITH PREJUDICE in accordance with the terms of the settlement agreement. Claimants reserve their claim for attorneys' fees and costs. Signed by Judge Susie Morgan. (bwn)
May 21, 2018
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ORDER AND REASONS re 51 Motion for Partial Summary Judgment - IT IS ORDERED that the motion for partial summary judgment by named Plaintiffs Mark Gandy; Ashley Newton; David Pierce-Feith; Austin Lane; Patrice Jones; Erin Lawrence; Zachary Adams; Asaria Crittenden; Elizabeth Kuzmovich; Larry Hunt, Jr.; and Carlos Ayestas be hereby GRANTED in part and DENIED in part. The Court GRANTS Plaintiffs' motion for summary judgment that Defendants violated the FLSA when Mr. Eli acted as service captain and Doris retained ten percent of the tip pool its operating account, but DENIES the motion to the extent Plaintiffs seek to invalidate Doris' tip pooling scheme for the entire statutory period based on these sporadic violations. The Court GRANTS Plaintiffs summary judgment that Defendants are not entitled to an offset of their FLSA wage liability through the use of compulsory service charges. Signed by Judge Susie Morgan. (bwn)