Weaver v. Label Hospitality Group LLC et al

Filing 58

RULE 16(a)(1) ORDER. Signed by the Honorable R. Bryan Harwell on 2/3/2017. (hcic, )

Download PDF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION DAN WEAVER, on behalf of himself and ) all others similarly situated, ) ) Plaintiff, ) ) v. ) ) LABEL HOSPITALITY GROUP, LLC ) d/b/a ROOSTER’S RESTAURANT BAR ) AND GRILL and EREZ SUKARCHI, ) individually, ) ) Defendants. ) C/A: 4:15-cv-03456-RBH RULE 16(a)(1) ORDER Plaintiff, Dan Weaver (“Plaintiff”), on his behalf and on behalf of employees similarly situated, including all opt-in Plaintiffs , (collectively, “Plaintiffs”) and Defendants Label Hospitality Group, LLC d/b/a Rooster’s Restaurant Bar and Grill (“Rooster’s”) and Erez Sukarchi (“Sukarchi”), (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. 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. Plaintiffs and Defendants agree to the following, thus: IT IS ORDERED: 1. Plaintiffs’ Third Cause of Action alleging violation of the South Carolina Payment of Wages Act is dismissed. 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 Page 1 of 2 outlined in Fact Sheet #15 from the Wage & Hour Division of the U.S. Department of Labor. This remedy, pursuant to this compromise and joint motion, is available for actual damages under the burden of proof of actual damages under the FLSA. This remedy is in addition to all other remedies available to Plaintiffs under the FLSA. 3. Neither this motion nor any of its content will be admissible to the jury. IT IS SO ORDERED. February 3, 2017 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?