Harrison et al v. Rockne's Inc. et al

Filing 70

Order Adopting Report and Recommendation of Magistrate Judge Greenberg. Related Document # 69 . Defendants' motion to enforce the parties' May 23, 2018 confidential settlement agreement is DENIED. Related Document # 66 . A teleph one conference in order to schedule an immediate trial date is hereby scheduled for 10/1/2018 at 9:30 AM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed separately. Magistrate Judge Thomas M. Parker on 9/20/2018. (D,JJ)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
LINDSEY HARRISON, et al.,
Plaintiff,
v.
ROCKNE’S Inc., et al.,
Defendants.

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Case No. 5:17-cv-00477
MAGISTRATE JUDGE
THOMAS M. PARKER

ORDER ADOPTING
MAGISTRATE’S REPORT &
RECOMMENDATION

Plaintiffs Lindsey Harrison and Angela Zabor filed this case as a collective action under
the Fair Labor Standards Act alleging that defendants (collectively: “Rockne’s”) violated the
FLSA by not giving plaintiffs notice that Rockne’s was going to take a tip credit against the
minimum wage. On May 23, 2018, the parties attended a mediation conference before Magistrate
Judge Jonathan Greenberg, and the minutes following the mediation state that the parties reached
an agreement. ECF Doc. 55.
However, on June 15, 2018, plaintiffs filed a notice of settlement impasse. ECF Doc. 61.
Magistrate Judge Greenberg continued to work with the parties in an attempt to resolve their
disputes related to the settlement of the case. But, on July 23, 2018, defendants filed a motion to
enforce the parties’ May 23, 2018 settlement agreement. ECF Doc. 66. Magistrate Judge
Greenberg met once more with the parties on August 17, 2018 and issued a report and
recommendation on August 30, 2018 recommending that the court deny defendants’ motion to