Brandenburg v. Cousin Vinny's Pizza, LLC et al
Plaintiff: Thomas Brandenburg
Defendant: Cousin Vinny's Pizza, LLC, CVP17, LLC, Cousin Vinny's Pizzeria, LLC, Cousin Vinny's #9 LLC, Third Day Pizzeria, LLC, R & M Pizzeria, LLC, CVP014 LLC, CVP 16 LLC, CVP18 LLC, CVP19 LLC, CVP DNC LLC, CVP Royality LLC, Dough Boy Fresh LLC, CVP Dough LLC, CVP Dough 2, LLC and Mo Rashad
Case Number: 3:2016cv00516
Filed: December 23, 2016
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Walter H. Rice
Nature of Suit: Fair Labor Standards Act
Cause of Action: 15:1938
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 6, 2018 Opinion or Order Filing 169 DECISION AND ENTRY SUSTAINING MOTION TO CERTIFY A CLASS ACTION PURSUANT TO FED. R. CIV. P. 23, DESIGNATING THOMAS BRANDENBURG AS THE REPRESENTATIVE OF THECLASS, AFFIRMING SELECTION OF CLASS COUNSEL AND AUTHORIZING NOTICE TO CLASS MEMBERS FOR MAIL AND EMAIL DELIVERY AS SET FORTH HEREIN (DOC. # 162 );OVERRULING DEFENDANTS' MOTION TO DISMISS COUNT III (DOC. # 165 )- For the foregoing reasons, Plaintiff's Motion to Certify a Rule 23 Class Action is SUSTAINED, Doc. # 162, and Defendants 9; Motion to Dismiss Count III, Doc. # 165 , is OVERRULED. Additionally, the Court orders the following: 1. Plaintiff Thomas Brandenburg is designated as the Representative of the class; 2. Andrew Biller and Andrew Kimble, of Markovits, Stock & DeMar co, LLC, are approved as lead counsel for the class; and 3. Notice, as set forth in Doc. # 162 -45, is approved and may be transmitted at Plaintiff's cost to putative members via electronic mail and first-class U.S. mail with a follow up notice to be sent via text message if the mailing is returned. If the individual is still unable to be located, then the name is to be run through a database to obtain an address. Signed by Judge Walter H. Rice on 11/5/18. (kma)
April 5, 2018 Opinion or Order Filing 155 DECISION AND ENTRY AMENDING DATE FOR FILING OF MOTION FOR CLASS CERTIFICATION AND RESPONSIVE MEMORANDA; HEARING DATE SET- Pursuant to a telephone conference call had between Court and counsel on Thursday, March 29, 2018, the following matters were di scussed and agreed upon: 1. The deadline for the filing of the Plaintiffs motion seeking class certification is extended to the close of business on Wednesday, June 20, 2018; 2. The Defendant's memorandum contra is due not later than the close o f business on Friday, July 20, 2018, with any reply memorandum deemed necessary by the Plaintiffs due not later than the close of business on Monday, August 6, 2018; and 3. An oral and, if desired, evidentiary hearing. Evidentiary Hearing set for 9/6/2018 09:30 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 4/4/18. (kma)
April 4, 2018 Opinion or Order Filing 153 AGREED ORDER ON PLAINTIFFS' MOTION FOR CONTEMPT 34 . Signed by Judge Walter H. Rice on 4/4/18. (kma)
January 2, 2018 Opinion or Order Filing 135 DECISION AND ENTRY OVERRULING DEFENDANTS' MOTION FOR PROTECTIVE ORDER (DOC. # 126 ); DEFENDANTS SHALL PROVIDE TO PLAINTIFFS' COUNSEL NAMES AND CONTACT INFORMATION OF ALL REMAINING PUTATIVE COLLECTIVE MEMBERS WITHIN FIFTEEN DAYS OF THIS ENTR Y; TELEPHONIC STATUS CONFERENCE TO BE HELD ON JANUARY 8, 2018, AT 5:15 P.M. ; NEW SCHEDULING ORDER TO ISSUE SUBSEQUENT TO STATUS CONFERENCE - Status Conference set for 1/8/2018 05:15 PM in Teleconference before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 1/2/18. (kma)
November 21, 2017 Opinion or Order Filing 124 ENTRY SETTING FORTH BRIEFING SCHEDULE FOR DEFENDANTS' FORTHCOMING MOTION FOR PROTECTIVE ORDER; TELEPHONIC STATUS CONFERENCE TO BE HELD ON JANUARY 3, 2018, AT 4:00 P.M. REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; NEW SCHEDULING ORD ER TO ISSUE SUBSEQUENT TO STATUS CONFERENCE- Defendants signaled their intention to file a motion for protective order pursuant to Federal Rule of Civil Procedure 26(c)(1 ), and the Court set forth the following briefing schedule: 1. Defendants shall file the motion no later than November 27, 2017;2. Plaintiffs shall file a memorandum in opposition no later than December 7,2017; 3. Defendants shall file a reply no later than December 14, 2017; and 4. The Court will issue a decision no later tha n December 29, 2017. The parties' Rule 26(f) Report stated that the Court would determine whether to certify Plaintiffs' putative Rule 23 class no later than January 3, 2018. Doc. #12, PAGEID #262. However, the parties' discovery dispu tes have precluded them from completing class discovery; consequently, Plaintiffs have not yet moved for class certification. Thus, the Court orders a telephonic status conference on Wednesday, January 3, 2018, at 4:00 p.m., after which the Court will issue a new scheduling order regarding class certification and other dates. Signed by Judge Walter H. Rice on 11/21/17. (kma)
November 15, 2017 Opinion or Order Filing 119 ENTRY ADOPTING REPORT AND RECOMMENDATIONS THAT THE PARTIES AGREED ORDER ON PLAINTIFFS' MOTION FOR CONTEMPT (DOC. # 34 ) BE SUSTAINED (DOC. # 100 ); AGREEDORDER ON PLAINTIFFS' MOTION FOR CONTEMPT SHALL ENTER CONTEMPORANEOUSLY- In light of the above, and finding good cause shown, the Court ADOPTS theReport and Recommendations, and will enter the Agreed Order in a contemporaneous Entry. Signed by Judge Walter H. Rice on 11/14/17. (kma)
October 25, 2017 Opinion or Order Filing 100 REPORT AND RECOMMENDATION1THAT THE PARTIES AGREED ORDER ON PLAINTIFFS MOTION FOR CONTEMPT BE GRANTED. Signed by Magistrate Judge Michael J. Newman on 10/24/2017. (dm)
August 15, 2017 Opinion or Order Filing 55 ENTRY SUSTAINING MOTION TO CONDITIONALLY CERTIFY AN FLSA COLLECTIVE ACTION AND TO AUTHORIZE NOTICE OF PLAINTIFFS THOMAS BRANDENBURG, MICHAEL DOOLIN, KURTISMEDLEY AND BENSON RUSSELL, ON BEHALF OF THEMSELVES AND THOSE SIMILARLY SITUATED (DOC. # 5 ); PA RTIES SHALL COMPLY WITH THE FORM AND PROCEDURES FOR NOTICE TOPOTENTIAL OPT-IN COLLECTIVE MEMBERS SET FORTH HEREIN- The Court orders the following: 1. The following collective is conditionally certified: all of Defendants' current and former deli very drivers who were employed in such a capacity at some point during or after February 23, 2014; 2. Defendants shall provide to Plaintiffs' counsel a computer-readable list of the names and contact information of all putative collective member s within fifteen daysof this Entry; 3. Plaintiffs' counsel may transmit, at Plaintiffs' cost, notice of the lawsuit to putative collective members via electronic mail and first-class U.S. mail or equivalent means; 4. Defendants shall post c opies of the notice at all of its places of business, in locations where employees would reasonably be expected to see the Notice; 5. Plaintiffs' Proposed Notice, Doc. #5-7, shall serve as the notice to be sent to potential opt-in plaintiffs, su bject to the following conditions: a. Putative collective members may sign the Consent to Join form electronically via the DocuSign website; b. The following statement shall be included at the bottom of page one of the Notice, in bold typeface: " ;Although this notice and its contents have been authorized by the Honorable Walter H. Rice, United States District Judge for the Southern District of Ohio, the Court takes no position regarding the merits of Plaintiffs' claims or Defendants 9; defenses."; c. The following statement shall be included at the top of page four of the notice: "If you decide to join this lawsuit and be represented by a lawyer of your choice, that lawyer will have to notify the Court of your intenti on to join the case no later than ninety days from the date Notice is sent."; d. The far-right hand column in the second row of the table on page two of the notice shall include the following statement: "If you choose to join the lawsuit, y ou may be required to participate in written discovery and/or attend a deposition. You may also be required to attend a trial."; and e. The statement immediately following the two bullet points on the page one of the notice read: "The Defen dants deny the allegations and claim that they did not violate any wage and hour law, and complied with the Fair Labor Standards Act in good faith."; and 6. If putative collective members wish to participate in the instant lawsuit, they shall ha ve ninety days from the date that the notice is sent to sign the Consent to Join form, return the form to Plaintiffs' counsel or counsel of their choosing. Counsel for any opt-in member must also file the signed Consent to Join form for each opt-in plaintiff within ninety days of the notice being sent. Signed by Judge Walter H. Rice on 8/14/17. (kma)
April 10, 2017 Opinion or Order Filing 17 ORDER OF RECUSAL. Magistrate Judge Michael R. Merz recused. Case reassigned to Magistrate Judge Michael J. Newman for all further proceedings. Signed by Magistrate Judge Michael R. Merz on 4/10/17. (kma)
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Search for this case: Brandenburg v. Cousin Vinny's Pizza, LLC et al
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Plaintiff: Thomas Brandenburg
Represented By: Andrew Biller
Represented By: Andrew P Kimble
Represented By: Eric Kmetz
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Defendant: Cousin Vinny's Pizza, LLC
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Defendant: CVP17, LLC
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Defendant: Cousin Vinny's Pizzeria, LLC
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Defendant: Cousin Vinny's #9 LLC
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Defendant: Third Day Pizzeria, LLC
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Defendant: R & M Pizzeria, LLC
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Defendant: CVP014 LLC
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Defendant: CVP 16 LLC
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Defendant: CVP18 LLC
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Defendant: CVP19 LLC
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Defendant: CVP DNC LLC
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Defendant: CVP Royality LLC
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Defendant: Dough Boy Fresh LLC
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Defendant: CVP Dough LLC
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Defendant: CVP Dough 2, LLC
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Defendant: Mo Rashad
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