Richardson v. Famous Bourbon Management Group, Inc. et al

Filing 274

ORDER granting 256 Motion to Certify Class. IT IS ORDERED that the Motion is GRANTED and the FLSA Collective Action is hereby conditionally certified. IT IS FURTHER ORDERED that the proposed Notice and Opt-In Forms are hereby approved, with the ca veat that the time period to respond shall be 90 days. IT IS FURTHER ORDERED that Defendants must provide a list of all the last former known addresses of all current or former employees who may be members of the collective class to counsel for Plaintiff within 30 days of the date of this Order. IT IS FURTHER ORDERED that all Opt-In Forms must be filed on the record within 90 days of the date Notice is sent. Signed by Judge Jane Triche Milazzo on 6/29/2018. (Reference: 17-1093)(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LAWRENCE RICHARDSON, ET AL

CIVIL ACTION

VERSUS

NO: 15-05848
C/W: 17-1093
RE: 17-1093

FAMOUS BOURBON MGMT
GROUP, INC., ET AL

SECTION: “H”(2)

ORDER
Before the Court is a Motion to Conditionally Certify FLSA Collective
Action and Facilitate Notice Under 29 U.S.C. § 216(b) filed by Plaintiff Adam
Weber on behalf of himself and others similarly situated (Doc. 256). Plaintiff
asks the Court to conditionally certify a class to proceed as a collective action
consisting of:
All persons employed by Defendants since December 2014 who
were paid on a “day rate” basis but were not paid at a rate equal
to or higher than the federal minimum wage rate and/or who were
not paid at an overtime rate of one and one-half times their hourly
rate of pay for each hour worked in excess of 40 per week in
violation of the Fair Labor Standards Act, 29 U.S.C. 201, et seq.
(“FLSA”).
In addition to certification, Plaintiff requests: (1) approval of Plaintiff’s
proposed written notice to all potential collective action members; (2) an order
requiring defendant to produce names and addresses of all potential collective
action members within two weeks of the signing of the order for notice
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purposes; and (3) authorization to send their proposed notice and opt-in forms
to potential collective action plaintiffs.
Defendants do not oppose the substance of the Motion, but argue that
the opt-in period should be limited to 90 days and that Defendants be given 30
days to produce the requested class contact information. Plaintiff consents to
the modifications. Accordingly;
IT IS ORDERED THAT Plaintiff’s Motion is GRANTED and the FLSA
Collective Action is hereby conditionally certified.
IT IS FURTHER ORDERED that the proposed Notice and Opt-In
Forms are hereby approved, with the caveat that the time period to respond
shall be 90 days.
IT IS FURTHER ORDERED that Defendants must provide a list of all
the last former known addresses of all current or former employees who may
be members of the collective class to counsel for Plaintiff within 30 days of the
date of this Order.
IT IS FURTHER ORDERED that all Opt-In Forms must be filed on
the record within 90 days of the date Notice is sent.

New Orleans, Louisiana this 29th day of June, 2018.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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