FIUMANO v. METRO DINER MANAGEMENT LLC et al

Filing 68

ORDER THAT PLAINTIFF'S MOTION FOR ORDER AUTHORIZING NOTICE TO SIMILARLY SITUATED PERSONS PURSUANT TO 29 U.S.C. 216(b) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE ANITA B. BRODY ON 4/10/2018; 4/10/2018 ENTERED AND COPIES E-MAILED.(tjd)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH FIUMANO, for
himself and all others similarly situated,
Plaintiff,
v.
METRO DINER MANAGEMENT
LLC, et al.,
Defendants.

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CIVIL ACTION
NO. 17-465

ORDER
AND NOW, this _10th__ day of April, 2018, it is ORDERED that Plaintiff’s Motion for
Order Authorizing Notice to Similarly Situated Persons Pursuant to 29 U.S.C. § 216(b) (ECF No.
45) is GRANTED IN PART and DENIED IN PART as follows:


Conditional certification is GRANTED as to Count I of the Amended Complaint;



Conditional certification is GRANTED as to the portion of Count II of the Amended
Complaint regarding the distribution of the tip pool proceeds to Hosts and Bussers;



Conditional certification is DENIED as to the portion of Count II of the Amended
Complaint regarding the distribution of the tip pool proceeds to non-tipped kitchen staff,
managers or the “house”;



Conditional certification is DENIED as to Count IV of the Amended Complaint;



Plaintiff’s request that Defendant be ordered to refrain from communication with any
Class member concerning this lawsuit is DENIED WITHOUT PREJUDICE; and



The authorization of the sending of court-approved notice is DENIED WITHOUT
PREJUDICE pending further briefing and a new proposed notice by Plaintiff, pursuant
to a separate order.1
s/Anita B. Brody
___________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

The Court will address Plaintiff’s proposed notice dissemination plan and the appointment of Class
Counsel following the receipt of Plaintiff’s additional briefing.
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