Harvill v. Phelps County Restaurant

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Joint Motion to Conditionally Certify Class, Order Disclosure of Putative Class Members Names and Contact Information and Facilitate Class Notice 21 is GRANTED. The Court conditionally certifies a class of all persons employed by Defendants within the last three (3) years whose compensation included receiving tips and/or who participated in a tip pool or tip sharing arrangement. IT IS FURTHER ORDERED that Plaintiff Lucas Harvill is authorized to act as the conditional class representative. IT IS FURTHER ORDERED that the Riggan Law Firm, LLC is authorized to act as class counsel. See Order for full details. Signed by District Judge John A. Ross on 2/19/15. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LUCAS HARVILL, individually and
on behalf of others similarly situated,

)
)
)
Plaintiff,
)
)
v.
)
)
PHELPS COUNTY RESTAURANT, LLC
)
d/b/a COLTON’S STEAK HOUSE & GRILL, )
and CHRIS MORGAN,
)
)
Defendants.
)

No. 4:14-CV-1444 JAR

MEMORANDUM AND ORDER
This matter is before the Court on the parties’ Joint Motion to Conditionally Certify
Class, Order Disclosure of Putative Class Members’ Names and Contact Information and
Facilitate Class Notice. (Doc. No. 21) Having reviewed the parties’ submissions and stipulations,
the Court will conditionally certify the class and approve the proposed notice as set forth below.
Accordingly,
IT IS HEREBY ORDERED that the Joint Motion to Conditionally Certify Class, Order
Disclosure of Putative Class Members’ Names and Contact Information and Facilitate Class
Notice [21] is GRANTED. The Court conditionally certifies a class of all persons employed by
Defendants within the last three (3) years whose compensation included receiving tips and/or
who participated in a tip pool or tip sharing arrangement.
IT IS FURTHER ORDERED that Plaintiff Lucas Harvill is authorized to act as the
conditional class representative.

IT IS FURTHER ORDERED that the Riggan Law Firm, LLC is authorized to act as
class counsel.
IT IS FURTHER ORDERED that the notice filed as ECF No. 21-1, the exhibit to the
Joint Motion to Conditionally Certify Class, Order Disclosure of Putative Class Members’
Names and Contact Information and Facilitate Class Notice, shall serve as notice in this case.
IT IS FURTHER ORDERED that Defendants shall provide Plaintiff’s attorneys with a
computer-readable list (in Excel format) of all putative class members and their last known
contact information, including physical address(es), mailing address(es), and telephone
number(s), to the extent that such information is available, within fourteen (14) days of the date
of this Order, and no later than February 26, 2015. Notice will not be sent to any individuals
who have already consented to join this lawsuit.
IT IS FURTHER ORDERED that notice shall be disseminated to putative class
members via U.S. Mail. Pursuant to 29 U.S.C. §§ 216, 256, individuals who timely return a
Consent to Join form will be joined as opt-in plaintiffs upon the filing of their Consent with the
Court.
IT IS FURTHER ORDERED that the notice shall be mailed and posted no later than
March 5, 2015. To participate in the lawsuit and be a member of the conditionally certified
class, the Consent to Join form must be returned to Plaintiff’s counsel or postmarked on or
before the expiration of sixty (60) days following the date the notice is posted and mailed.
Counsel for Plaintiff will pay for the initial cost of printing and sending the notice.
IT IS FINALLY ORDERED that counsel shall file a status report with the Court no
later than thirty (30) days following the expiration of the opt-in period.

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Dated this 19th day of February, 2015.
__________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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