Berger et al vs. Leasing Enterprises, Ltd., et al.
| Jessica Berger, Timothy Rendak and Patrick McCumber |
| Howard Cortes, PIKR, Ltd., Perry's Restaurants, Ltd., PBS Holdings Inc., Christopher V. Perry and Perry's Steakhouse of Illinois, LLC |
| 1:2014cv08543 |
| October 29, 2014 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Will |
| Thomas M. Durkin |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
375
MEMORANDUM Opinion and Order: For the reasons stated, Defendants' motion for partial decertification, R. 354 , is granted in part and denied in part as specified above. Signed by the Honorable Thomas M. Durkin on 10/1/2020. Mailed notice. (ecw, )
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Filing
348
MEMORANDUM Opinion and Order: For the reasons stated, Defendants' motion is granted as to the tip pool claim; granted in part and denied in part as to the common law claims for breach of contract and unjust enrichment; and denied as to the cred it card offset fee, sidework and notice claims. R. 306 . Plaintiffs' motion is granted as to PSI on the credit card offset fee claim (including liquidated damages, but excepting Plaintiffs' claim that PSI's violation was willful), and denied as to the sidework claim. R. 312 . Accordingly, of the claims currently before the Court, the sidework and notice claims will proceed to trial, as will certain aspects of Plaintiffs' common law claims (described above), the credit card offset fee claim as to Cortes, and Plaintiffs' claim that PSI's credit card offset fee violation was willful. And because neither party moved for summary judgment on Plaintiffs' Illinois Wage Payment and Collection Act claim (Count III ), that also will proceed to trial. A status hearing is set for January 21, 2020. A week prior to that status, the parties are to submit a joint statement indicating their respective positions on which aspects of Plaintiffs' FLSA and IMWL claims (Counts I and II) that are not expressly addressed in this order remain. Status hearing set for 1/21/2020 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 12/23/2019:Mailed notice(srn, )
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Filing
239
MEMORANDUM Opinion and Order: For the foregoing reasons, Plaintiffs' motion to certify the classes and collective actions identified in Plaintiffs' motion, R. 188 , is granted. To the extent not already produced, Defendants must produce t o Plaintiffs' counsel by March 23, 2018, in an agreed upon electronic format, the names, addresses, phone numbers, email addresses, and dates of employment for all persons employed by Defendants as servers from September 1, 2013 through present. Plaintiffs are permitted to provide the notice to and seek consent from all such individuals using the form found at R. 189-26. Defendants are directed to post copies of document R. 189-26 on an employee bulletin board at its restaurant starting on the same day Plaintiffs' counsel mails the form, and to keep it posted until the close of the opt-in/opt-out period.Considering the age of this case and motion, the parties' positions on the appropriate date of the close of the opt-in/opt-o ut period are now obsolete. A status hearing is set for Tuesday, March 20, 2018, at which the parties should be prepared to set that date, and generally update the Court regarding the status of the case. Status hearing set for 3/20/2018 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 3/12/2018:Mailed notice(srn, )
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Filing
64
MEMORANDUM Opinion and Order: For the foregoing reasons, the Court grants the Rule 12(b)(6) portion of the corporate defendants motion to dismiss, and takes under advisement the Rule 12(b)(2) portion of that motion, R. 25. The Court denies the Rule 12(b)(6) portion of Christopher Perrys motion, and takes under advisement the Rule 12(b)(2) portion of that motion, R. 50. The plaintiffs claims against PIKR, PBS, and PRL are dismissed without prejudice. If the plaintiffs believe that they can overc ome the deficiencies the Court has identified, they may file a motion for leave to file an amended complaint and notice it for hearing on June 3, 2015 at 9:00 a.m. Status hearing set for 6/3/2015 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 5/8/2015:Mailed notice(srn, )
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