Guillory v. PF&B Management, LP et al

Filing 50

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 45 Memorandum and Recommendations, granting in part and denying in part 33 MOTION to Certify Class AND to Expedite Discovery. (Signed by Judge Sim Lake) Parties notified. (aboyd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FAIRLEY GUILLORY, Individually
and On Behalf of All Others
Similarly Situated,
Plaintiffs,

PF&B MANAGEMENT, LP d/b/a REEF
RESTAURANT; PF&B MANAGEMENT GP,
LLC; WILLIAM H. FLOYD,
Individually and d/b/a REEF
RESTAURANT; and BRIAN C.
CASWELL, Individually and d/b/a
REEF RESTAURANT,
Defendants.

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CIVIL ACTION NO. H-11-4377

ORDER ADOPTING MAGISTRATE JUDGE' S
MEMORANDUM AND RECOMMENDATION

Having

reviewed

the

Magistrate

Judgefs

Memorandum

and

Recommendation entered on September 14, 2012, and the objections
thereto, the court is of the opinion that said Memorandum and
Recommendation should be ADOPTED.
It

is,

therefore,

ORDERED

that

the

Memorandum

and

Recommendation is hereby ADOPTED by this court.
A class is conditionally certified for all current and former
waiters and waitresses employed by Defendants at Reef Restaurant,
for whom Defendants took a tip credit in the past three years.

The

certification notice should issue in a form consistent with the
Memorandum and Recommendation within the time period
therein.

allotted

The Clerk shall send copies of this Order to the respective
parties.
SIGNED at Houston, Texas, this

SIM LAKE
UNITED STATES DISTRICT JUDGE