Hobon, John v. Pizza Hut of Southern Wisconsin, Inc.

Filing 62

ORDER granting 59 Joint Motion for Conditional Certification of Class. Signed by Magistrate Judge Stephen L. Crocker on 1/11/2019. (arw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHNHOBON,
individually and on behalf of
all others similarly situated,
Plaintiff,
CASE NO . 17-cv-947-slc
V.

PIZZA HUT OF SOUTHERN WISCONSIN, INC.
d/b/a PIZZA HUT, et al.,
Defendants.

PROPOSED ORDER GRANTING CONDITIONAL CLASS CERTIFICATION

Pursuant to the Plaintiff John Hobon and Defendants Pizza Hut of Southern
Wisconsin, Inc. d/b/a Pizza Hut, Rockford Pizza, LLC, MSG Delco, LLC, Pizza Hut
of Madison, Inc., Pizza Hut of Rock County, Inc., Divo Enterprises, Inc., Pizza Hut
of Waunakee, Inc., Pizza Hut of Platteville, Inc. , Pizza Hut of Mauston, LLC, and
Southing Grange, Inc., ("Defendants") Joint Stipulation to Conditionally Certify a
Collective Action Pursuant to §216(b) of the Fair Labor Standards Act and
Authorize Notice, IT IS HEREBY ORDERED THAT:
1.

The following class is conditionally certified pursuant to 29 U.S.C.

§216(b):
All persons who have worked at Pizza Hut of
Southern Wisconsin, Inc. d/b/a Pizza Hut, Rockford
Pizza, LLC, MSG Delco, LLO, Pizza Hut of
Madison, Inc., Pizza Hut of Rock County, Inc., Divo
Enterprises, Inc., Pizza Hut of Waunakee, Inc.,

Pizza Hut of Platteville, Inc., Pizza Hut of Mauston,
LLC, and Southing Grange, Inc. as delivery drivers
at any time since December 20, 2014, who were
paid less than $7.25 an hour for delivery driver
work, and did not sign arbitration agreements with
Defendants.

2.

Plaintiff shall, within five (5) days of the filing of the Joint Stipulation

to Conditionally Certify a Collective Action, identify and move to withdraw the
participation of individuals who do not meet the conditional class definition set
forth in Paragraph (1), above.
3.

Defendants shall, within ten (10) days of the Court's order granting

this Stipulation, identify and produce to Plaintiffs Counsel the first name, last
name, last known street address, city, state, zip code, phone number (if any), and
dates of employment, of all persons who meet the class definition above. The class
list will be produced to Plaintiffs Counsel as an excel spreadsheet with each field of
information identified above as a separate column.
4.

Plaintiffs Counsel shall be permitted to send the agreed-upon Notice of

Right to Join Lawsuit for Unpaid Wages Against Defendants via email and regular
mail, to all individuals within the collective class. Consent forms postmarked
within forty-five (45) days after the first mailing of the Notice will be considered
timely. With the exception of Notices that are returned to Counsel for Plaintiff as
undeliverable, no reminder notices shall be sent by Plaintiff or his Counsel during
the 45-day opt-in period. In the event the Notice is returned undeliverable,

Plaintiff's Counsel shall perform a skip trace on the individual and shall promptly
resend the Notice if forwarding information is secured.
5.

Counsel for Plaintiff shall promptly file with the Court copies of each

consent form that is signed and postmarked within forty -five (45) days of mailing.
6.

By stipulating to conditional certification of the collective class,

Defendants do not waive or in any way compromise their right to seek
decertification of the conditionally certified action or otherwise challenge a FLSA
collective action or Rule 23 class.

f.%0,s-<JJ
Dated at M-i-1~, Wisconsin this

20022629.3

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2019.