Monzon et al v. Buffet King Restaurant, Inc.

Filing 31

ORDER entered GRANTING 27 MOTION to Certify Class. The potential plaintiffs will have until January 8, 2018, to file their notices of consent with the court. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANTONIO COTIY-MONZON and
CATARINA CRISTINA ECOQUIJXOCOM, Individually, and on behalf of
all others similarly situated,
Plaintiffs,
v.
FU CHENG, INC., d/b/a BUFFET KING,
INC., et al.,
Defendant.

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October 04, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-00842

ORDER GRANTING THE PLAINTIFFS’ MOTION FOR CONDITIONAL
CERTIFICATION AND ISSUANCE OF NOTICE
The plaintiffs, Antonio Cotiy-Monzon and Catarina Cristina Ecoquij-Xocom, individually
and on behalf of others similarly situated, have moved for conditional certification and issuance of
notice. (Docket Entry No. 27). The plaintiffs allege that they and similarly situated cooks, food
preparers, and dishwashers who worked for the defendants, Fu Cheng, Inc., d/b/a/ Buffet King, Inc.,
Chang Cheng Ye, and Fan Fu Ye, were not paid at overtime rates when they worked over 40 hours
per week or simply not paid for hours they worked, in violation of the FLSA, 29 U.S.C. § 201, et
seq. The defendants have responded opposing the motion to certify a collective action and issue
notice. Their arguments do not present a sufficient basis to deny conditional certification.
The differences the defendants assert between cooks of Mongolian versus Chinese dishes
are irrelevant to the FLSA issues. The differences between food preparers or cooks and dishwashers
can be addressed by subclassing, if needed. The record meets the requirements for conditional

certification and issuance of notice. Mooney v. Aramco Servs. Co., 54 F.3d 1207, 1216 (5th Cir.
1995). The motion, (Docket Entry No. 27), is granted.
The Notice to Employees of Buffet King and Notice of Consent attached as Exhibit A to the
Plaintiffs’ Motion for Conditional Certification is approved. The plaintiffs may mail the notices
attached as Exhibit A, to potential opt-in class members, along with a self-addressed stamped
return envelope to Kennard Richard, P.C. No later than October 13, 2017, the defendants must
provide the plaintiffs’ counsel with the names and addresses of all cooks, dish washers, and food
preparers employed by Fu Cheng, Inc., d/b/a Buffet King, Inc., Chang Cheng Ye, and Fan Fu Ye,
during the three years before March 16, 2017. The notices are to be mailed no later than October
30, 2017. By that date, the defendants must also place the notice and the notice of consent attached
as Exhibit A to the Plaintiffs’ Amended Motion for Conditional Certification at business locations
that are plainly visible to all employees.
The potential plaintiffs will have until January 8, 2018, to file their notices of consent with
the court.
SIGNED on October 4, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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