Yousif v. The Venetian Casino Resort, LLC et al

Filing 114

ORDER granting 112 Stipulation. Signed by Judge Richard F. Boulware, II on 10/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanlaw.com

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THIERMAN BUCK, LLP
Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Mustafa Yousif and Sharone Walker on behalf of themselves and all
others similarly situated.
OGLTREE, DEAKINS, NASH, SMOAK, & STEWART, P.C.
Anthony L. Martin, Nev. Bar No. 8177
Dana B. Salmonson, Nev. bar. No. 11180
Wells Fargo Tower, Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Tel. [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants Venetian Casino Resort, LLC and Las Vegas Sands Corp.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MUSTAFA YOUSIF and SHARONE
WALKER on behalf of themselves and all
others similarly situated,

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Plaintiffs,
vs.

Case No.: 2:16-cv-02941-RFB-NJK
JOINT STIPULATION RE
CORRECTION OF [PROPOSED]
AMENDED NOTICE AND [PROPOSED]
ORDER

THE VENETIAN CASINO RESORT, LLC;
LAS VEGAS SANDS, CORP. and DOES 1
through 50, inclusive,

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Defendants.

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Per the Court’s Orders granting Plaintiffs’ Motion to Certify Class for Conditional

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Certification and for an Order Circulating Notice Pursuant to 29 U.S.C. § 216(b) (ECF No. 108)

-1JOINT STIPULATION AND [PROPOSED] ORDER RE CORRECTION OF 216(b) NOTICE

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and Order approving FLSA Notice (ECF No. 109), the Notice approved by the Court does not

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reflect subsequent changes made by agreement of the Parties to the operative Complaint.

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Specifically, the operative Complaint, the fourth amended complaint (hereinafter “Complaint” at

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ECF No. 98) removes all allegations of unpaid pre-shift meetings. Plaintiffs’ Complaint alleges

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uncompensated pre- and post-shift work task but does not include uncompensated pre-shift

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meetings. Further, after some discussion, the Parties agree and have filed a Stipulation and Order

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to Dismiss Defendant Las Vegas Sands Corp. from this matter. (ECF No. 110.) The Notice must

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be amended to reflect these changes.
Accordingly, the Parties have jointly amended the Notice and submit Exhibit A, the

THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanlaw.com

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Stipulated Proposed Amended Notice for the Court’s review and approval.

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-2JOINT STIPULATION AND [PROPOSED] ORDER RE CORRECTION OF 216(b) NOTICE

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The Parties do not seek an extension of deadlines set forth in the Court’s Order approving

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FLSA Notice. (ECF No. 109).

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Respectfully submitted,

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Dated this 8th day of October 2018.

Dated this 8th day of October 2018.

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THIERMAN BUCK, LLP

OGLTREE, DEAKINS, NASH, SMOAK,
& STEWART, P.C.

/s/Leah L. Jones_________________________
Mark R. Thierman, Esq., Bar No. 8285
Joshua D. Buck, Esq., Bar No. 12187
Leah L. Jones, Esq., Bar No. 13161
7287 Lakeside Drive
Reno, Nevada 89511
Attorneys for Plaintiffs Mustafa Yousif and
Sharone Walker

/s/Dana B. Salmonson__
Anthony L. Martin, Nev. Bar No. 8177
Dana B. Salmonson, Nev. bar. No. 11180
Wells Fargo Tower, Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanlaw.com

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Attorneys for Defendants Venetian Casino
Resort, LLC and Las Vegas Sands Corp.

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ORDER
IT IS SO ORDERED

, 2018.

DATED: October 10, 2018.

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__________________________
U.S. District Judge
RICHARD F. BOULWARE, II
United States District Court

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-3JOINT STIPULATION AND [PROPOSED] ORDER RE CORRECTION OF 216(b) NOTICE

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Exhibit List
Exhibit A: Plaintiffs’ Proposed Amended Notice

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanlaw.com

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-4JOINT STIPULATION AND [PROPOSED] ORDER RE CORRECTION OF 216(b) NOTICE

EXHIBIT A

EXHIBIT A

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs MUSTAFA YOUSIF
and SHARONE WALKER on behalf of themselves
and all others similarly situated

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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vs.

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[PROPOSED] NOTICE OF PENDENCY
OF FLSA COLLECTIVE ACTION
LAWSUIT

Plaintiffs,

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Case No.: 3:16-cv-02941-RFB-NJK

MUSTAFA YOUSIF and SHARONE
WALKER on behalf of themselves and all
others similarly situated,

THE VENETIAN CASINO RESORT, LLC;
LAS VEGAS SANDS, CORP and DOES 1
through 50, inclusive,

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Defendants.

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TO: All current and former non-exempt employees who were employed as
housekeepers by Defendant THE VENETIAN CASINO RESORT, LLC, during the relevant time
period.

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RE: Fair Labor Standards Act lawsuit filed against THE VENETIAN CASINO RESORT,
LLC.

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NOTICE OF THE PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT

INTRODUCTION

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The purpose of this notice is to:

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1)

inform you of the existence of a lawsuit seeking recovery of unpaid overtime
compensation under the Fair Labor Standards Act (“FLSA”) in which you may be
“similarly situated” to named-Plaintiffs MUSTAFA YOUSIF and SHARONE
WALKER;

2)

advise you of how your rights may be affected by this lawsuit; and

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instruct you on the procedure for participating in this lawsuit, if you choose to do
so.

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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This Notice is not an expression by the court of any opinion as to the merits of any claims
or defenses asserted by any party to this action.

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DESCRIPTION OF THE LAWSUIT

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On October 27, 2016, Plaintiffs MUSTAFA YOUSIF and SHARONE WALKER
(“Plaintiffs”) filed a class and collective action complaint against THE VENETIAN CASINO
RESORT, LLC and DOES 1 through 50, inclusive, (“Venetian/Palazzo” or “Defendant”), on
behalf of themselves and all others similarly situated, for unpaid wages under the FLSA and
Nevada state law. Specifically, Plaintiffs claim that they and other persons employed as
housekeepers by the Venetian/Palazzo are entitled to unpaid wages because they were not paid
for the time it took employees to obtain station assignments, load and fill their cleaning carts with
items required to complete their daily work duties prior to clocking in for the beginning of
employees’ regularly scheduled shift start time, and/or completing room assignments after
clocking out resulting in unpaid overtime premium compensation for hours worked over 40 in a
workweek. Plaintiffs seek to recover unpaid overtime premium pay in an amount equal to the
alleged unpaid wages and liquidated damages (double damages) on behalf of themselves and
all other similarly situated individuals resulting from the Venetian/Palazzo’s alleged unlawful
conduct as well as other damages provided by law. Plaintiffs have also brought various state law
claims arising out of the same behavior but those claims are not at issue in this Notice.

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Defendant denies Plaintiffs’ claims and denies it is liable for any damages resulting from
this lawsuit.

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DEFINITION OF WHO MAY PARTICIPATE IN THIS LAWSUIT

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To participate in this lawsuit, you must have been employed as a housekeeper by THE
VENETIAN CASINO RESORT, LLC at any time from October 27, 2013 to the present and you
were not paid compensation for the time it took you to obtain your work station assignment for
the day, load and fill your cleaning carts with items required to complete your daily work duties,
prior to clocking in for your regularly scheduled shift, and/or for completing room assignments
after clocking out.

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NOTICE OF THE PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT

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YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT

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If you fit the definition above, you may join this case by mailing the enclosed “Consent
to Join” form to the third party administrator (“the Administrator”) at the following address or
complete an electronic consent to join form at the Web site listed:

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[Insert Claims Administrator Name]
[Insert Claims Administrator Address]
[Insert Web Site]

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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If you want to join this lawsuit, you must submit a form to the Claims Administrator so
the attorneys prosecuting this case have time to file it with the United States District Court. If
you do not return the “Consent to Join” form in time for it to be filed with the United States
District Court, you may not be able to participate in this lawsuit.

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EFFECT OF JOINING THIS SUIT

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If you choose to join this case, you will be bound by the decision of the Court, whether it
is favorable or unfavorable.
If you sign and return the “Consent to Join” form you are agreeing to:

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1)

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2)
3)

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4)

designate Plaintiffs as your agents to make decisions on your behalf concerning
this lawsuit;
the method and manner of conducting this lawsuit;
enter into an agreement with Plaintiffs’ counsel concerning attorneys’ fees and
costs; and
all other matters pertaining to this lawsuit.

These decisions and agreements made and entered into by the Plaintiffs named on the
caption on the lawsuit will be binding on you if you join this lawsuit. However, the Court has
jurisdiction to determine the reasonableness of any settlement with the Defendant, and any
agreement concerning the reasonableness of any attorneys’ fees and costs that are to be paid to
the Plaintiffs’ counsel.
The attorneys for the Plaintiffs’ class are being paid on a contingency fee basis, which
means that if there is no recovery there will be no attorneys’ fee. If Plaintiffs prevail in this
litigation, the attorneys for the class will request that the court either determine or approve the
amount of attorneys’ fee and costs they are entitled to receive for their services. The Fair Labor
Standards Act provides only for attorneys fees for the Plaintiffs, if successful, and not for the
Defendant, although a Court could award Defendant attorneys’ fees for misconduct or other
reasons not covered by this statute.

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NOTICE OF THE PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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LEGAL EFFECT IN NOT JOINING THIS SUIT
You do not have to join this lawsuit. If you do not wish to participate in this lawsuit, then
do nothing. If you choose not to join this lawsuit, you will not be affected by any judgment,
dismissal, or settlement rendered in this lawsuit, whether favorable or unfavorable to the class.
This means that if Plaintiffs win, you will not collect any money from this lawsuit; if Plaintiffs
lose, you will not lose any claims you may or may not have under the FLSA. If you choose not
to join this lawsuit you are free to file your own lawsuit.
STATUTE OF LIMITATIONS ON POTENTIAL CLAIMS
The maximum period of time that you can collect unpaid wages under the FLSA is three
(3) years from when you worked the hours if Plaintiffs establish that Defendant acted willfully,
but were not paid for pre-shift and post-shift work activities at the legally correct pay rate. If the
Plaintiffs cannot prove the Defendant acted willfully, the statute of limitations is two (2) years.
The statute of limitations continues to expire until you file with the court a written consent to join
this lawsuit, or initiate your own lawsuit to collect your unpaid wages.
NO RETALIATION PERMITTED
Federal Law prohibits Defendant from discharging you or in any other manner
discriminating against you if you exercise your rights under the FLSA to seek compensation.
Participation in this lawsuit is not related to or affected by any offer of severance benefits or
release you may have recently signed.
YOUR IMMIGRATION STATUS DOES NOT MATTER IN THIS CASE
You are entitled to back pay for the alleged unpaid wages and liquidated damages under
the FLSA even if you are not otherwise legally entitled to work in the United States. Bringing a
claim in the court for unpaid wages is not a basis for you to be deported from the United States.
YOUR LEGAL REPRESENTATION IF YOU JOIN
If you choose to join this lawsuit and agree to be represented by the named Plaintiffs
through their attorneys, your counsel in this action will be the attorneys at:
Thierman Buck, LLP
7287 Lakeside Drive
Reno, NV 89511
775-284-1500
Email: [e-mail]
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NOTICE OF THE PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT

www.thiermanbuck.com

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FURTHER INFORMATION

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Further information about this Notice, the deadline for filing a “Consent to Join” form, or
questions about this lawsuit may be obtained by contacting the Thierman Buck, LLP at the contact
information listed immediately above.

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The court has taken no position in this case regarding the merits of the Plaintiffs’
claims or of the Defendant’s defenses.

THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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DO NOT CONTACT THE CLERK OF THE COURT

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DATED:

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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NOTICE OF THE PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT