Buchholz et al v. Gourmet Subs of Charlotte, LLC

Filing 30

ORDER granting 29 Motion For Approval of Form of Notice to Be Sent to Potential Collective Action Members re 28 Stipulation and Order. The proposed Notice submitted by the Parties is approved for immediate distribution to potential members of the collective action. Signed by Magistrate Judge David Keesler on 12/27/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO.: 3:17-CV-231-MOC-DCK
ZACHARY BUCHHOLZ and
JESSICA HERNANDEZ, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
GOURMET SUBS OF CHARLOTTE, LLC,
Defendant.

ORDER APPROVING FORM OF NOTICE
TO BE SENT TO POTENTIAL COLLECTIVE ACTION MEMBERS
COME NOW, Plaintiffs Zachary Buchholz and Jessica Hernandez (“Plaintiffs”) and
Defendant Gourmet Subs of Charlotte, LLC (“Defendant”), who, by and through their undersigned
counsel, request this Court enter an Order approving the form of notice (the “Notice”) to be sent
to potential collective action members.
WHEREAS, on September 29, 2017, the Court entered an Order conditionally certifying a
collective action in this matter pursuant to a stipulation between the Parties (the “Order”) (Dkt. No.
28);
WHEREAS, the Order directs the Parties to meet and confer about the procedure and form
of Notice to be sent to potential members of the collective action, the means of delivery, the time
period for potential class members to opt in to this action, and the procedure to withdraw;
WHEREAS, the Parties have met and conferred as directed by the Order and have
submitted for the Court’s review a proposed Notice to be sent to potential members of the
collective action;
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WHEREAS the Parties have no outstanding disagreements regarding the proposed Notice;
and
WHEREAS, the Court has reviewed the proposed Notice and deems it compliant with the
Court’s directive as stated in the Order;
WHEREFORE, in light of the foregoing and having been fully advised in the premises
hereof, IT IS HEREBY ORDERED THAT:
1.

The proposed Notice submitted by the Parties is approved for immediate

distribution to potential members of the collective action.
IT IS SO ORDERED.
Signed: December 27, 2017

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AGREED AS TO FORM AND SUBSTANCE:
Dated: December 20, 2017

Respectfully submitted,
By: /s/ Michael S. Disbrow
Matthew S. Disbrow, admitted pro hac vice
Christopher R. Kazanowski, admitted pro hac
vice
Matthew Radler, admitted pro hac vice
HONIGMAN MILLER SCHWARTZ AND COHN LLP
2290 First National Building
660 Woodward Avenue
Detroit, MI 48226-3506
[phone]
[phone]
[e-mail]

/s/ Philip J. Gibbons, Jr.
Philip J. Gibbons, Jr., NC Bar #52076
PHIL GIBBONS LAW, P.C.
15720 Brixham Hill Ave #331
Charlotte, NC 28227
[phone]
[phone]
phi1@philgibbons1aw .com
Seth R. Lesser, admitted pro hac vice
Fran L. Rudich, admitted pro hac vice
Christopher M. Timmel, admitted pro hac vice
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook, New York 10573
[phone]
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

Sarah Sloan Batson, N.C. Bar # 42066
Mark W. Bakker, N.C. Bar # 21906
NEXSEN PRUET, PLLC
55 E. Camperdown Way
Greenville, SC 29601
[phone]
[phone]
[e-mail]

Attorneys for Defendant

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