VERMA v. 3001 CASTOR, INC. et al

Filing 121

ORDER of MEMORANDUM AND/OR OPINION (ECF NO. 120) that. PLAINTIFF'S MOTION FOR FINAL COLLECTIVE ACTION CERTIFICATION OF HER FLSA CLAIMS (ECF NO. 105) IS GRANTED.. DEFENDANT'S MOTION TO DECERTIFY THE CONDITIONALLY CERTIFIED FLSA COLLECTIVE A CTION (ECF NO. 106) IS DENIED.. PLAINTIFF'S MOTION FOR RULE 23 CLASS CERTIFICATION OF HER STATE LAW CLAIMS (ECF NO. 104) IS GRANTED IN PART AND DENIED IN PART.... IT IS FURTHER ORDERED that ON OR BEFORE DECEMBER 14, 2016, PLAINTIFF MUST FILE A PROPOSED NOTICE OF CLASS ACTION FOR THE RULE 23 CLASS.. SIGNED BY HONORABLE ANITA B. BRODY ON 11/29/2016. 11/29/2016 ENTERED AND COPIES VIA ECF.(mo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PRIYA VERMA, on behalf of
herself and all others similarly
situated,
Plaintiffs,
v.
3001 CASTOR, INC.,
Defendant.

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CIVIL ACTION
No. 13-3034

ORDER
AND NOW, this __29th ____ day of November, 2016, it is ORDERED as follows:


Plaintiff’s motion for final collective action certification of her FLSA claims (ECF
No. 105) is GRANTED.



Defendant’s motion to decertify the conditionally certified FLSA collective action
(ECF No. 106) is DENIED.



Plaintiff’s motion for Rule 23 class certification of her state law claims (ECF No.
104) is GRANTED IN PART AND DENIED IN PART.
o The following class is CERTIFIED pursuant to Rule 23:
All persons who, during the period of May 31, 2010 and continuing
through the entry of judgment in this case, performed as a dancer at
Defendant’s adult entertainment club in Philadelphia, Pennsylvania.
o Rule 23 class certification is GRANTED for Plaintiff’s following claims:


Violation of the Pennsylvania Minimum Wage Act for failure to pay
minimum wage;



Violation of the Pennsylvania Minimum Wage Act for failure to pay

overtime time compensation;


Violation of the Pennsylvania Wage Payment Collection Law and/or
Pennsylvania common law due to deductions for tip-outs.

o Rule 23 class certification is DENIED for Plaintiff’s following claims:


Violation of the Pennsylvania Wage Payment Collection Law and/or
Pennsylvania common law due to deductions for stage rental fees;



Violation of the Pennsylvania Wage Payment Collection Law and/or
Pennsylvania common law due to deductions for fines;



Violation of the Pennsylvania Wage Payment Collection Law and/or
Pennsylvania common law due to deductions for room rental fees.

It is further ORDERED that, on or before December 14, 2016, Plaintiff must file a
proposed notice of class action for the Rule 23 class.

s/Anita B. Brody
_________________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: