Watt v. Fox Restaurant Venture LLC et al
| Brittany Michelle Watt |
| Fox Restaurant Venture LLC, Fox NC Acquisition LLC and Fox SC Aquisition LLC |
| 2:2017cv02104 |
| April 28, 2017 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| XX US, Outside State |
| Colin Stirling Bruce |
| Eric I. Long |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
31
OPINION: Plaintiffs' 29 U.S.C. § 216(b) Motion for Conditional Certification and Court-Authorized Notice to Potential Class Members (d/e 26 ) is GRANTED. In addition, the statute of limitations is tolled from May 9, 2017 to December 14, 20 17 (seven months and five days) on Plaintiffs' claim with respect to all of Defendants' current and former employees who are eligible to opt-in to this litigation. IT IS THEREFORE ORDERED AS FOLLOWS: (1) The Court conditionally certifies a collective action by Plaintiffs and similarly situated members of the collective pursuant to 29 U.S.C. § 216(b), defined as: All individuals who are currently or were formerly employed as salaried assistant store managers at any Jimmy John' s Sandwich Shop owned by Fox Restaurant Ventures, LLC, Fox NC Acquisitions, LLC and/or Fox SC Acquisitions, LLC in the States of Indiana, North Carolina and/or South Carolina from August 7, 2015 through the present. This date is three years, seven mo nths, and five days prior to the date of the mailing of the Notice to account for the equitable tolling. (2) The Court APPROVES Plaintiffs' proposed Notice, as amended herein, and Plaintiffs' proposed Consent to Become a Party form. (3) Wit hin 10 days from the date of this Opinion, Defendants are ordered to produce to Plaintiffs in a usable electronic format the names, last known mailing address, and last known personal email addresses of all Putative Collective Members to be notified. Defendants shall only provide last known telephone numbers of those individuals whose notices are returned or otherwise undelivered or for any individuals for whom Defendants do not have a mailing address. Plaintiffs may only use those telephone n umbers for the purpose of locating the current addresses of those individuals. The parties shall confer regarding the method and time in which Defendants will furnish the telephone number information. (4) Within 20 days from the date of this Opinion , Plaintiffs' Counsel or the Third Party Administrator shall mail a copy of the Court-approved Notice and Consent Form to Putative Collective Members. Additionally, Defendants shall place a Notice in all current assistant store managers' p ay envelopes. Finally, Plaintiffs shall establish a website with the Notice and Consent Form. (5) The Putative Collective Members shall have 90 days to mail in their signed Consent forms for filing with the Court. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 02/20/2019. (SKN, ilcd)
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