Ivery et al v. RMH Franchise Corp. et al
| Chamora Ivery and Noah Siebenaller |
| RMH Franchise Corp., RMH Illinois, LLC and RMH Franchise Holdings, Inc. |
| 1:2017cv01619 |
| March 1, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| John J. Tharp |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
89
MEMORANDUM Opinion and Order Signed by the Honorable John J. Tharp, Jr on 12/8/2017: For the reasons set forth in the Memorandum Opinion and Order, the defendants' partial motion to dismiss 69 is granted. RMH Franchise is dismissed as a defen dant without prejudice. Ivery has until January 8, 2018 to file an amended complaint that addresses the pleading deficiencies outlined in the opinion regarding RMH Franchise. Ivery's claim under the Illinois Wage Payment and Collection Act is di smissed with prejudice. The defendants' motion for leave to supplement their amended response to Ivery's motion for court-ordered notice 87 is granted. Ivery's motion for court-authorized notice pursuant to Section 216(b) of the Fair Labor Standards Act 35 is granted in part and denied in part. The Court conditionally certifies a collective of assistant managers who worked at Applebee's restaurants operated by RMH Holdings, or its subsidiaries RMH Illinois and RMH Franchi se, between March 1, 2014 and the present. The Court also approves Ivery's proposed notice and reminder mailings with the modifications set forth in the opinion. Moreover, the Court orders that the defendants produce to Ivery, in digital form, the employee contact information outlined in the opinion by December 22, 2017. Mailed notice(air, )
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