VISCOMI et al v. CLUBHOUSE DINER et al

Filing 88

MEMORANDUM AND ORDER THAT THE PART OF PLAINTIFFS' MOTION REQUESTING THAT THE COURT (1) ENTER A DEFAULT JUDGMENT IN FAVOR OF PLAINTIFFS, (2) STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES, AND (3) DETERMINE AS A MATTER OF FACT THAT DEFENDANTS OPERA TED AN ILLEGAL TIP POOL IS DENIED ON THE PRESENT STATE OF THE RECORD. THAT PART OF DEFENDANTS' MOTION REQUESTING THAT THE COURT FIND DEFENDANT ESAM SALAH IN CONTEMPT OF COURT FOR FAILURE TO RESPOND TO APPROPRIATE QUESTIONS RELATED TO HIS CASH PA YROLL PRACTICES AT HIS 9/25/18 DEPOSITION AS ORDERED BY THE COURT IS GRANTED. SALAH SHALL SUBMIT TO ANOTHER DEPOSITION ON OR BEFORE 3/1/19 AND PROVIDE RESPONSIVE ANSWERS, OR ASSERT ANY APPROPRIATE FIFTH AMENDMENT PRIVILEGE CLAIM, TO ALL APPROPRIATE Q UESTIONS RELATED TO DEFENDANTS' CASH PAYROLL PRACTICES DURING THE CLASS PERIOD. THAT PART OF DEFENDANTS' MOTION REQUESTING THAT THE COURT DIRECT SALAH TO PAY PLAINTIFFS' ATTORNEY'S FEES INCURRED IN CONNECTION WITH THE PREPARATION OF THE MOTION FOR SANCTIONS IS GRANTED. PLAINTIFFS SHALL PROVIDE THE COURT WITH AN APPLICAITON FOR SUCH ATTORNEY'S FEES, DETAILING HOURS SPENT AND WORK PERFORMED, ON OR BEFORE 2/15/19. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/1/19. 2/4/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAROL VISCOMI,
PATRICIA HATCH, and
SUSAN KENNEDY, individually and on
behalf of all others similarly situated,
Plaintiffs,

CIVIL ACTION

NO. 13-4720
v.
CLUBHOUSE DINER,
CLUBHOUSE BENSALEM HOLDING,
INC.,
CLUBHOUSE BENSALEM, LLC,
ESAM SALAH, and
MEYLINDA ARDHYANI,
Defendants.
ORDER
AND NOW, this 1st day of February, 2019, upon consideration of Plaintiffs’ Motion To
Compel and for Sanctions (Document No. 80, filed October 4, 2018), Defendants’ Response to
Plaintiffs’ Motion To Compel and for Sanctions (Document No. 82, filed November 13, 2018),
and Plaintiffs’ Reply in Support of Their Motion To Compel and for Sanctions (Document No.
83, filed November 15, 2018), following telephone conferences with the parties, through
counsel, on December 4, 2018 and January 17, 2019, for the reasons stated in the accompanying
Memorandum dated February 1, 2019, IT IS ORDERED as follows:
1.

That part of plaintiffs’ Motion requesting that the Court (1) enter a default

judgment in favor of plaintiffs, (2) strike defendants’ affirmative defenses, and (3) determine as a
matter of fact that defendants operated an illegal tip pool is DENIED on the present state of the
record.
2.

That part of defendants’ Motion requesting that the Court find defendant Esam

Salah in contempt of court for failure to respond to appropriate questions related to his cash

payroll practices at his September 25, 2018 deposition as ordered by the Court is GRANTED.
Salah shall submit to another deposition on or before March 1, 2019 and provide responsive
answers, or assert any appropriate Fifth Amendment privilege claim, to all appropriate questions
related to defendants’ cash payroll practices during the class period.
3.

That part of defendants’ Motion requesting that the Court direct Salah to pay

plaintiffs’ attorney’s fees incurred in connection with the preparation of the motion for sanctions
is GRANTED. Plaintiffs shall provide the Court with an application for such attorney’s fees,
detailing hours spent and work performed, on or before February 15, 2019.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

2