Hammer v. JP's Southwestern Foods, LLC et al

Filing 249

ORDER regarding notice posting and notice protocol 245 . Defendant's counsel shall file status reports at one-week intervals, beginning on June 14, 2011. Defendant's counsel shall file an affidavit with the Court on or before Tuesday, S eptember 6, 2011, evidencing the fact that notice was posted in a conspicuous location in its restaurant for 60 days. The affidavit must specify the location where notice was posted. The deadline for requests for exclusions pursuant to Federal Rule of Civil Procedure 23(c)(2) as set out in the Notice shall be September 16, 2011. Plaintiff's counsel shall file an affidavit with the Court which shall provide a list of all persons from whom exclusion requests have been received, identified by name and address, by September 26, 2011. Signed on 6/7/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
STEVEN E. HAMMER, individually and on
behalf of all others similarly situated,

)
)
)
Plaintiff,
)
vs.
) No. 08-0339-CV-W-FJG
JP’S SOUTHWESTERN FOODS, L.L.C.
)
d/b/a JOSE PEPPER’S BORDER GRILL &
)
CANTINA; and DOES 1 through 10, inclusive, )
)
Defendants. )

ORDER
On June 3, 2011, defendant filed its Notice of Delay in Re-Opening Restaurant and
Request for Clarification of Posting Class Notice (Doc. No. 246). Defendant indicates that
the re-opening of its restaurant has been delayed, and requests clarification as to whether
it should begin posting notice on June 8, 2011 (even though the restaurant will not be open
to customers), or at some later date after the restaurant has been opened. Plaintiffs
responded, requesting that defendant post notice at all Jose Peppers locations in the
Kansas City metropolitan area, revise the notice slightly, and shift the costs of notice to
defendant.
The Court will deny plaintiffs’ requests. Instead, the Court believes the best solution
to be having defendant post notice in its restaurant upon the re-opening of the restaurant.
Plaintiffs, however, shall begin publication notice on June 8, 2011, as discussed in the
Court’s previous Order (Doc. No. 245).
Defendant’s counsel shall file status reports with the Court regarding the progress
of the re-opening of defendant’s restaurant at one-week intervals, beginning on June 14,
2011.

The Court expects notice to be posted in defendant’s restaurant beginning

immediately upon its re-opening.

The Court revises the following deadlines present in its most recent Order regarding
the notice protocol.
(1)

Defendant’s counsel shall file an affidavit with the Court on or before
Tuesday, September 6, 20111, evidencing the fact that notice was posted
in a conspicuous location in its restaurant for 60 days. The affidavit must
specify the location where notice was posted.

(2)

The deadline for requests for exclusions pursuant to Federal Rule of Civil
Procedure 23(c)(2) as set out in the Notice shall be September 16, 2011.

(3)

Plaintiff’s counsel shall file an affidavit with the Court which shall provide a list
of all persons from whom exclusion requests have been received, identified
by name and address, by September 26, 2011.

IT IS SO ORDERED.
/s/Fernando J. Gaitan, Jr.
Chief United States District Judge
Dated: 06/07/11
Kansas City, Missouri

1

This date was calculated from defendant’s estimate that its restaurant would be
re-opened, at the latest, by July 1, 2011.
2