Wolverton v. Diversified Restaurant Holdings, Inc. et al

Filing 42

ORDER re 41 Stipulation Regarding Plaintiff's Moton to authorize Notice to Similarly-situated persons filed by Tammy Wolverton. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TAMMY WOLVERTON, on behalf of )
herself and all other persons similarly )
situated, known and unknown,
)
)
Plaintiff,
)
)
v.
)
)
DIVERSIFIED RESTAURANT
)
HOLDINGS, INC., and ANKER,
)
INC.,
)
)
Defendants.
)

Case No. 2:14-cv-11333
Judge Roberts
Magistrate Judge Grand

ORDER APPROVING JOINT STIPULATION REGARDING
PLAINTIFF’S MOTION TO AUTHORIZE NOTICE TO SIMILARLYSITUATED PERSONS PURSUANT TO 29 U.S.C. § 216(B)
Upon reading the joint stipulation filed by Plaintiff on December 3, 2014,
and the Court being otherwise fully advised in the premises:
IT IS HEREBY ORDERED that by December 8, 2014, Defendants must
provide Plaintiff’s counsel with two spreadsheets: the first will list the names, last
known addresses, and work location for each potential opt-in plaintiff employed
from November 1, 2011 through August 26, 2012. The second will list the names,
last known addresses, dates of employment, and work location for each potential
opt-in plaintiff employed from August 26, 2012 to date. Both spreadsheets must
be produced in Excel format.

IT IS FURTHER ORDERED that Plaintiff’s counsel is authorized to mail
the notice and consent forms attached as Exhibit A to the joint stipulation to
potential opt-in plaintiffs within 21 days of receiving the above contact information
for potential opt-in plaintiffs. Potential collective action members will have 60
days to opt in to this lawsuit. On the same date that Plaintiff’s counsel mails the
notice and consent forms to Defendants’ tipped employees, Defendants will
distribute copies of the same notice and consent forms to each of their current
tipped employees through the electronic system Defendants use to distribute
earnings statements to current employees titled “mypay.” Defendants will ensure
that the notice and consent forms remain posted for 60 days on Defendants’
electronic system used to distribute earnings statements. Upon the expiration of
the 60 day notice period, Defendants must file an affidavit with the Court attesting
that the notice was continually available for 60 days on Defendants’ electronic
system used to distribute earnings statements.
IT IS FURTHER ORDERED that Plaintiff’s pending Motion to Authorize
Notice to Similarly-Situated Persons Pursuant to 29 U.S.C. § 216(b) is withdrawn
and Plaintiff will not seek class certification of her Michigan state law claim.
Defendants reserve their rights to move to decertify this conditionally certified Fair
Labor Standards Act collective action, at stage two, after the close of merits
discovery.

IT IS SO ORDERED.

Dated: December 5, 2014

S/Victoria A. Roberts
U.S. DISTRICT COURT JUDGE