Mode v. S-L Distribution Company, LLC et al

Filing 580

ORDER granting 579 Joint Motion Regarding Re-Entry into the Litigation. Signed by District Judge Kenneth D. Bell on 11/4/2020. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

JARED MODE, on behalf of himself and all
others similarly situated,
Plaintiffs,
No. 3:18-cv-00150-KDB-DSC
v.
S-L DISTRIBUTION COMPANY, LLC,
S-L DISTRIBUTION COMPANY, INC., and
S-L ROUTES, LLC,
Defendants.
ORDER GRANTING JOINT MOTION
REGARDING RE-ENTRY INTO THE LITIGATION
This matter comes before the Court on the parties’ Joint Motion Regarding Re-entry into
the Litigation. The Court, having reviewed the Motion, GRANTS the Motion and ORDERS as
follows:
a.

James D. Shofner may re-enter the case as an Opt-In Plaintiff, with his FLSA claims

tolled as of August 10, 2018; William Liantonio may re-enter the case as an Opt-In Plaintiff, with
his FLSA claims tolled as of May 15, 2019;
b.

Shofner’s and Liantonio’s claims will be subject to S-L’s Second Amended Answer

and Counterclaims (Dkt. 538), i.e., S-L need not file specific answers and/or counterclaims against
Liantonio and/or Shofner; and
c.

S-L’s Consolidated Third-Party Complaint (Dkt. 539) will be deemed to have been

timely filed against Liantonio Enterprises LLC (Liantonio’s distribution company) and Elite
Snacks, Inc. (Shofner’s distribution company), i.e., S-L need not file specific third-party
complaints against those entities.

Case 3:18-cv-00150-KDB-DSC Document 580 Filed 11/04/20 Page 1 of 2

d.

The following names shall be stricken from the Declaration of Kyle Jordan (Dkt.

515-1), based on the parties’ representation that they have conferred and determined that these
individuals’ claims are not subject to arbitration: William Liantonio, James D. Shofner, and
Clifton Hofferbert.1

SO ORDERED.

Signed: November 4, 2020

1

Only Messrs. Liantonio and Shofner are rejoining the litigation at this time.
2
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