Spallone v. SoHo University Inc et al

Filing 47

RULE 16(a)(1) ORDER. Signed by the Honorable R. Bryan Harwell on 1/8/2016. (hcic, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
ROBERT SPALLONE, on behalf of
himself and all others similarly situated,
Plaintiff,
v.
SOHO UNIVERSITY, INC.
d/b/a SOHO 544; and JOHN DOE,
individually,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

C/A: 4:15-cv-1622-RBH

RULE 16(a)(1)
ORDER

The Plaintiff, Robert Spallone (“Spallone”), on behalf of himself and all others similarly
situated, and all of the filed Opt-Ins to date (all jointly “Plaintiffs”) and Defendants Soho
University, Inc. d/b/a Soho 544, (“Soho”); and John Doe (“Doe”) (Soho and Doe collectively
“Defendants”), have jointly moved for an Order, pursuant to FRCP 16(a)(1), to stipulate to
certain issues in an effort to streamline this action. Plaintiffs and Defendants have negotiated
a compromise in which each is giving up certain rights, but each believes it is best for them in
proceeding with this action. Thus,
IT IS ORDERED:
1.

Plaintiffs will dismiss, with prejudice, their Third Cause of Action alleging

violation of the South Carolina Payment of Wages Act.
2.

In exchange for this dismissal, Defendants consent that Plaintiffs have, under their

current first cause of action alleging violations of the FLSA, as an additional, available remedy
to them, the ability to recover all tips he or she contributed to the one Tip Pool. This remedy is
outlined in Fact Sheet #15 from the Wage & Hour Division of the U.S. Department of Labor.

1

Order Under Rule 16
C/A No. 4:15-cv-1622-RBH

This remedy, pursuant to this compromise and joint motion, is available for both actual damages
and liquidated damages under the burdens of proof of actual damages and liquidated damages
under the FLSA. This remedy is in addition to all other remedies available to Plaintiffs under the
FLSA.
3.

For the damages recovered for the tips contributed to the Tip Pool in section 2

above, and only for these damages, Plaintiffs will allow the Court to reduce these damages to a
maximum of two (2) years. For all other damages, Plaintiffs retain the right to seek damages, if
proven according to the FLSA, for three (3) years.
4.

Neither this motion nor any of its content will be admissible to the jury.

IT IS SO ORDERED.

January 8, 2016
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

2