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16-516 - Brandenburg v. Cousin Vinny's Pizza, LLC et al


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16-516 - Brandenburg v. Cousin Vinny's Pizza, LLC et al
April 10, 2017
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ORDER OF RECUSAL. Magistrate Judge Michael R. Merz recused. Case reassigned to Magistrate Judge Michael J. Newman for all further proceedings. Signed by Magistrate Judge Michael R. Merz on 4/10/17. (kma)
August 15, 2017
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ENTRY SUSTAINING MOTION TO CONDITIONALLY CERTIFY AN FLSA COLLECTIVE ACTION AND TO AUTHORIZE NOTICE OF PLAINTIFFS THOMAS BRANDENBURG, MICHAEL DOOLIN, KURTISMEDLEY AND BENSON RUSSELL, ON BEHALF OF THEMSELVES AND THOSE SIMILARLY SITUATED (DOC. #5); PARTIES SHALL COMPLY WITH THE FORM AND PROCEDURES FOR NOTICE TOPOTENTIAL OPT-IN COLLECTIVE MEMBERS SET FORTH HEREIN- The Court orders the following: 1. The following collective is conditionally certified: all of Defendants' current and former delivery drivers who were employed in such a capacity at some point during or after February 23, 2014; 2. Defendants shall provide to Plaintiffs' counsel a computer-readable list of the names and contact information of all putative collective members within fifteen daysof this Entry; 3. Plaintiffs' counsel may transmit, at Plaintiffs' cost, notice of the lawsuit to putative collective members via electronic mail and first-class U.S. mail or equivalent means; 4. Defendants shall post copies of the notice at all of its places of business, in locations where employees would reasonably be expected to see the Notice; 5. Plaintiffs' Proposed Notice, Doc. #5-7, shall serve as the notice to be sent to potential opt-in plaintiffs, subject to the following conditions: a. Putative collective members may sign the Consent to Join form electronically via the DocuSign website; b. The following statement shall be included at the bottom of page one of the Notice, in bold typeface: "Although this notice and its contents have been authorized by the Honorable Walter H. Rice, United States District Judge for the Southern District of Ohio, the Court takes no position regarding the merits of Plaintiffs' claims or Defendants' defenses."; c. The following statement shall be included at the top of page four of the notice: "If you decide to join this lawsuit and be represented by a lawyer of your choice, that lawyer will have to notify the Court of your intention to join the case no later than ninety days from the date Notice is sent."; d. The far-right hand column in the second row of the table on page two of the notice shall include the following statement: "If you choose to join the lawsuit, you may be required to participate in written discovery and/or attend a deposition. You may also be required to attend a trial."; and e. The statement immediately following the two bullet points on the page one of the notice read: "The Defendants deny the allegations and claim that they did not violate any wage and hour law, and complied with the Fair Labor Standards Act in good faith."; and 6. If putative collective members wish to participate in the instant lawsuit, they shall have ninety days from the date that the notice is sent to sign the Consent to Join form, return the form to Plaintiffs' counsel or counsel of their choosing. Counsel for any opt-in member must also file the signed Consent to Join form for each opt-in plaintiff within ninety days of the notice being sent. Signed by Judge Walter H. Rice on 8/14/17. (kma)
October 25, 2017
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REPORT AND RECOMMENDATION1THAT THE PARTIES AGREED ORDER ON PLAINTIFFS MOTION FOR CONTEMPT BE GRANTED. Signed by Magistrate Judge Michael J. Newman on 10/24/2017. (dm)
November 15, 2017
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ENTRY ADOPTING REPORT AND RECOMMENDATIONS THAT THE PARTIES AGREED ORDER ON PLAINTIFFS' MOTION FOR CONTEMPT (DOC. #34) BE SUSTAINED (DOC. #100); AGREEDORDER ON PLAINTIFFS' MOTION FOR CONTEMPT SHALL ENTER CONTEMPORANEOUSLY- In light of the above, and finding good cause shown, the Court ADOPTS theReport and Recommendations, and will enter the Agreed Order in a contemporaneous Entry. Signed by Judge Walter H. Rice on 11/14/17. (kma)
November 21, 2017
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ENTRY SETTING FORTH BRIEFING SCHEDULE FOR DEFENDANTS' FORTHCOMING MOTION FOR PROTECTIVE ORDER; TELEPHONIC STATUS CONFERENCE TO BE HELD ON JANUARY 3, 2018, AT 4:00 P.M. REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; NEW SCHEDULING ORDER TO ISSUE SUBSEQUENT TO STATUS CONFERENCE- Defendants signaled their intention to file a motion for protective order pursuant to Federal Rule of Civil Procedure 26(c)(1 ), and the Court set forth the following briefing schedule: 1. Defendants shall file the motion no later than November 27, 2017;2. Plaintiffs shall file a memorandum in opposition no later than December 7,2017; 3. Defendants shall file a reply no later than December 14, 2017; and 4. The Court will issue a decision no later than December 29, 2017. The parties' Rule 26(f) Report stated that the Court would determine whether to certify Plaintiffs' putative Rule 23 class no later than January 3, 2018. Doc. #12, PAGEID #262. However, the parties' discovery disputes have precluded them from completing class discovery; consequently, Plaintiffs have not yet moved for class certification. Thus, the Court orders a telephonic status conference on Wednesday, January 3, 2018, at 4:00 p.m., after which the Court will issue a new scheduling order regarding class certification and other dates. Signed by Judge Walter H. Rice on 11/21/17. (kma)
January 2, 2018
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DECISION AND ENTRY OVERRULING DEFENDANTS' MOTION FOR PROTECTIVE ORDER (DOC. #126); DEFENDANTS SHALL PROVIDE TO PLAINTIFFS' COUNSEL NAMES AND CONTACT INFORMATION OF ALL REMAINING PUTATIVE COLLECTIVE MEMBERS WITHIN FIFTEEN DAYS OF THIS ENTRY; TELEPHONIC STATUS CONFERENCE TO BE HELD ON JANUARY 8, 2018, AT 5:15 P.M. ; NEW SCHEDULING ORDER TO ISSUE SUBSEQUENT TO STATUS CONFERENCE - Status Conference set for 1/8/2018 05:15 PM in Teleconference before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 1/2/18. (kma)