Orozco et al v. Anamias Tex-Mex Inc

Filing 43

Order Accepting 42 Findings and Recommendation of the United States Magistrate Judge. The court grants Plaintiffs' 16 Expedited Motion for Conditional Certification, Notice to Potential Plaintiffs, and Limited Expedited Discovery with re spect to the Plano location. The court denies the motion in all other respects. The court conditionally certifies this collective action. The prospective class is limited to waiters, waitresses, bartenders, and other tipped personnel employed at Defendant's Plano location at any time between 8/27/2012, and 4/22/2016, inclusively. (Ordered by Judge Sam A Lindsay on 4/22/2016) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MARIA OROZCO, and KARINA
MARTINEZ, individually and on
behalf of other similarly situated
employees and former employees of
Defendant,
Plaintiffs,
v.
ANAMIA’S TEX-MEX, INC.,
Defendant.

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Civil Action No. 3:15-CV-2800-L

ORDER
Before the court is Plaintiffs’ Expedited Motion for Conditional Certification, Notice to
Potential Plaintiffs, and Limited Expedited Discovery (Doc. 16), filed October 19, 2015. The
motion was referred to Magistrate Judge Renee Harris Toliver, who entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on February
10, 2016, recommending that the court grant in part Plaintiffs’ motion. The Report recommends
that the court conditionally certify this collective action; limit the prospective class to waiters,
waitresses, bartenders, and other tipped personnel employed at Defendant’s Plano location at any
time between August 27, 2012, and the present, inclusively; order the parties to confer and jointly
submit a proposed notice to the court in accordance with the specific recommendations in the
Report; if the parties are unable to fully agree on the notice contents, require them to submit a joint
report to the court outlining the disputed issues and respective positions; order Defendant to
produce the names, job titles, dates of employment, and address of every individual employed at
Defendant’s Plano location as a waiter, waitress, bartender, and other tipped employee, or who
Order – Page 1

performed the same or similar duties as those positions, at any time between August 27, 2012, to
the present, inclusively, to Plaintiffs’ counsel; and order Defendant to provide the last four digits
of the Social Security number of any potential class member whose notice is returned
undeliverable to Plaintiffs’ counsel. No objections to the Report were filed.
Plaintiffs Maria Orozco and Karina Martinez (collectively, “Plaintiffs”) brought this action
against Defendant Anamia’s Tex-Mex, Inc. (“Defendant”), alleging violations pursuant to the Fair
Labor Standards Act (“FLSA”). Defendant operates restaurants in Coppell, Plano, South Lake,
and Flower Mound, Texas. Plaintiffs are former employees of the Plano and Flower Mound
locations. Two opt-in plaintiffs, Gabriel Munoz and Elvin Izaguirre, are former employees of the
Southlake, Coppell, Plano, and Flower Mound locations. Plaintiffs brought this claim individually
and on behalf of other similarly-situated employees and former employees, and they request
conditional certification of the class by the court. They also request that the court approve and
disseminate notice to persons employed as waiters, waitresses, bartenders, and other employees
receiving tips at all of Defendant’s restaurants from any time from August 27, 2012, to the present.
The Report finds that Plaintiffs have sufficiently established the existence of similarlysituated potential plaintiffs as to Defendant’s Plano location but that they have not sufficiently
established the existence of potential plaintiffs as to Defendant’s Coppell, Flower Mound, and
Southlake locations. The court agrees, and Plaintiffs’ motion will be denied in so far as it relates
to Defendant’s Coppell, Flower Mound, and Southlake locations.
After reviewing the pleadings, file, record, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court grants Plaintiffs’ Expedited Motion for Conditional Certification,

Order – Page 2

Notice to Potential Plaintiffs, and Limited Expedited Discovery with respect to the Plano location.
The court denies the motion in all other respects.
The court conditionally certifies this collective action. The prospective class is limited to
waiters, waitresses, bartenders, and other tipped personnel employed at Defendant’s Plano location
at any time between August 27, 2012, and April 22, 2016, inclusively. The court orders the parties
to confer and jointly submit a proposed notice to the court in accordance with the specific
recommendations in the Report. If the parties are unable to fully agree on the notice contents, they
are required to submit a joint report to the court outlining the disputed issues and their respective
positions. Defendant is ordered to produce the names, job titles, dates of employment, and
addresses of every individual employed at its Plano location as a waiter, waitress, bartender, and
other tipped employee, or who performed the same or similar duties as those positions, at any time
between August 27, 2012, and April 22, 2016, inclusively, to Plaintiffs’ counsel. Defendant is
further ordered to provide the last four digits of the Social Security number of any potential class
member whose notice is returned undeliverable to Plaintiffs’ counsel.
It is so ordered this 22nd day of April, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 3