Damitio v. Sushi Zanmai Incorporated et al

Filing 33

ORDER granting 32 Motion for Approval of Hoffman-Laroche Notice Procedure by Judge John L. Kane on 08/22/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane

Civil Action No. 12-cv-2603-JLK
JENNIFER DAMITIO, on behalf of herself and all similarly situated persons,
Plaintiff,
v.
SUSHI ZANMAI INCORPORATED, a Colorado corporation, NAOTA KANDA and
MASAO MAKI,
Defendants.
ORDER GRANTING MOTION FOR APPROVAL OF HOFFMAN-LAROCHE NOTICE
PROCEDURE
Kane, J.
Before me is the parties’ Stipulated Motion for Approval of Hoffman-La Roche Notice
Procedure (the “Motion”), Doc. 32. Having read the Motion and being otherwise fully advised in
the premises, I ORDER as follows:

1.

Per 29 U.S.C. §216(b), I have conditionally certified a collective action defined
as follows:
All current and former employees of any of the
Defendants who worked at Sushi Zanmai or Amu Sake
Bar restaurants and whose hourly wage was reduced by
some percentage of the applicable tip credit at any time
from October 1, 2009 to present.

2. The proposed Collective Action Notice submitted by the parties, Doc. 32-1, is approved with
the following modification: The answer in paragraph seven (7) on page three (3) as submitted by
the parties leads with “Your immigration status is irrelevant…” That phrase shall be replaced
with “Undocumented workers are included in the class of persons eligible for potential recovery

in this lawsuit,” and may continue as submitted by the parties. The amended answer shall read:
“Undocumented workers are included in the class of persons eligible for potential recovery in
this lawsuit and retaliation by Sushi Zanmai, Inc. for participating in this lawsuit to recover any
money you are owed is prohibited by law.”

3. Within three (3) days from the date this Order is entered, and to the extent such a
list has not already been provided, Defendants shall provide to Plaintiff’s counsel a list of all
potential collective action members. The list shall include each such employee’s name, dates of
employment, last-known address and telephone number.

4. No later than seven (7) days following the date of this Order, Plaintiff shall send
by First Class U.S. Mail the notice to the last known address of each of the individuals identified
in paragraph No. 3 of this Order. Plaintiff’s Counsel has a duty to notify Defendants’ counsel of
the post-mark date on which the notice is sent.

5. Any individual to whom notice is sent and who chooses to join the lawsuit shall
“opt-in” by written consent to this Court within forty-five (45) days from the postmark date of
the notice.

DATED:

August 22, 2013

BY THE COURT:
s/John L. Kane
John L. Kane, U.S. Senior District Judge