Miller v. Garibaldi's Inc. et al

Filing 116

ORDER granting in part and denying in part 79 Motion for Summary Judgment; denying 80 Motion for Summary Judgment; denying 86 Motion to Strike. Signed by Judge William T. Moore, Jr on 3/30/18. (jrb)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

JASON MILLER, on his own

behalf and all similarly
situated individuals,
Plaintiff,

CASE NO. CV414-CSS'

V.

GARIBALDI'S INC., a Georgia
for-profit corporation; and
THE OLDE PINK HOUSE, INC., a

Georgia for-profit
corporation;
Defendants.

ORDER

Before

the

Court

are

Plaintiffs'

Motion

for

Summary

Judgment (Doc. 80) and Motion to Strike Affidavit of Delia
Mellis (Doc.

86), and

Defendant Garibaldi's Inc.'s

Motion

for Summary Judgment (Doc. 79). For the following reasons,
Plaintiffs'

motions

are

DENIED

and

Defendant's

motion

is

GRANTED IN PART and DENIED IN PART. This case will proceed
to

trial

on

the

issue

of

whether

unauthorized

individuals

improperly shared in the tip-pool. In addition. Plaintiffs
may

recover

only

the

$5.12

per

hour

claimed

as

the

tip

credit, not the value of any tips alleged to be improperly
placed in the tip-pool.