Heuberger v. Smith et al
| Jason Heuberger |
| Harry L Smith, Destiny Mgt, Inc. and Diamond Properties Mgmt., Inc. |
| 3:2016cv00386 |
| June 22, 2016 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Elkhart |
| Jon E DeGuilio |
| John E Martin |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
30
MEMORANDUM OPINION AND ORDER: Court CONDITIONALLY GRANTS 18 § 216(b) Motion to Conditionally Certify Count I of Plaintiff's complaint, and the Court provisionally deems the FLSA claims in Count I as a collective action, as outlined. Co urt DENIES Plaintiff's § 216(b) Motion to conditionally certify Count III of Plaintiff's complaint as a collective action. The Court hereby DENIES as moot Plaintiff's § 216(b) Motion to conditionally certify Counts II and IV. Defendant Harry L. Smith to provide Plaintiff's counsel with a list as outlined. The Court DENIES Plaintiff's request that Defendant be compelled to post the Notice in the breakrooms of the relevant restaurants; and the Court DENIES Plaintiff's request that Defendant provide him with the social security numbers of potential plaintiffs. The Court GRANTS 15 Partial Motion to Dismiss Plaintiff's Complaint as to Plaintiff's remaining individual claims. Counts I I and IV are DISSMISSED AS MOOT, and WITH PREJUDICE in their entirety and as to all Defendants; Count III is DISMISSED WITH PREJUDICE in its entirety and as to all Defendants; Count I is DISMISSED WITHOUT PREJUDICE as to Defendants Destiny MGT, Inc., and Diamond Properties MGMT, Inc.; and Plaintiff may file an amended complaint within thirty days of this Order. Signed by Judge Jon E DeGuilio on 9/7/2017. (tc)
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