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16-354 - Griffin et al v. Aldi, Inc. et al


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16-354 - Griffin et al v. Aldi, Inc. et al
December 14, 2016
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MEMORANDUM-DECISION AND ORDERED, that Defendant Aldi, Inc.s Motion to Dismiss (Dkt. No. 15) Plaintiffs unjust enrichment claim is GRANTED. Signed by Senior Judge Lawrence E. Kahn on December 14, 2016. (sas)
May 11, 2017
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DECISION AND ORDERED, that Plaintiffs Motion (Dkt. No. 54) is GRANTED in part and DENIED in part; and it is further ORDERED, that the parties shall, within fourteen (14) days, jointly submit to the Court for approval a proposed corrective notice to be sent to all Aldi store managers who received separation agreements after commencement of this lawsuit but before conditional certification. The corrective notice should provide Plaintiffs counsels contact information and inform these former store managers that if they are confused about their right to participate in this litigation (or if they feel that they were misled or coerced by Aldi in connection with the separation agreements), they may contact Plaintiffs counsel; and it is further ORDERED, that the other requests for relief in Plaintiffs Motion (Dkt. No. 54) are DENIED with leave to renew; and it is further ORDERED, that the parties shall, within fourteen (14) days, jointly submit to the Court for approval a proposed corrective notice to be sent to former Aldi store managers who signed separation agreements after conditional certification. The corrective notice should provide Plaintiffs counsels contact information and inform the former store managers that they may join this action notwithstanding any provisions to the contrary in the separation agreements; and it is further ORDERED, that, for the remainder of the opt-in period, Aldi shall expressly carve out this litigation from any separation agreements it offers to departing store managers; and it is further ORDERED, that the factual disputes presented by Plaintiffs and Aldis letter briefs (Dkt. Nos. 66, 68) are referred to Judge Baxter for resolution. Signed by Senior Judge Lawrence E. Kahn on May 11, 2017. (sas)