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Slack v. Parball Newco LLC

United States District Court, D. Nevada

February 28, 2017

WILLIAM SLACK, HARRY STROCK, and EDWARD CHAMPA Individually and on behalf of others similarly situated, Plaintiffs,
v.
PARBALL NEWCO LLC dba BALLY'S, PARBALL CORP., PARBALL LLC, PHWLV, LLC dba PLANET HOLLYWOOD LAS VEGAS RESORT AND CASINO, and “JOHN DOE CORPORATIONS” 1 to 50, name fictitious, actual name and number unknown, Defendants.

          AKIN GUMP STRAUSS HAUER & FELD, LLP Joel M. Cohn Allison S. Papadopoulos Attorneys for defendants.

          Leon Greenberg Professional Corporation Leon Greenberg Dana Sniegocki Attorneys for plaintiffs.

          STIPULATION TO CONDITIONAL CERTIFICATION AND NOTICE

         Pursuant to Fed.R.Civ.P. 83(b) and section 16(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), named plaintiffs William Slack, Harry Strock, and Edward Champa, and defendants Parball Newco LLC dba Bally's, Parball Corporation, Parball LLC, PHWLV, LLC dba Planet Hollywood Las Vegas Resort and Casino[1] hereby jointly agree to conditional certification of the FLSA collective action and to issuance of notice to potential opt-in plaintiffs. The parties request that the Court approve the enclosed notice and consent to join form, which are attached as exhibit A. Subject to approval by the Court, the parties will provide notice and the consent form to potential opt-in plaintiffs on March 15, 2017, in accordance with the following conditions:

         1. The parties will retain CPT Group, Inc. (“notice administrator”) to administer the notice process. Defendants will provide the notice administrator a list of potential opt-in plaintiffs containing the name, last known home address (including zip code), and last known telephone number, of all former and current table games supervisors employed by defendants at Paris, Bally's and/or Planet Hollywood casinos in Las Vegas Nevada from October 4, 2013 through September 31, 2016, except those table games supervisors who filed claims in the settlement of Balint v. Paris LV Operating Co., LLC, No. A-16-731890 and whose employment with defendants terminated on or before June 29, 2016. Defendants will provide the total number of potential opt-in plaintiffs to the plaintiffs' counsel, but will not provide the names or contact information of these individuals.

         2. On March 15, 2017, the notice administrator will mail by first class mail the proposed notice and consent form to all persons appearing on the list referred to in paragraph 1. The notice administrator will email all received consent forms to counsel for the parties on a weekly basis. Plaintiffs' counsel will file these forms with the Court. In the event the notice administrator receives any consent forms after the end of the 60-day opt-in period, they will be provided to the parties to confer over whether to allow the persons who returned those late-filed consent forms to join this lawsuit as plaintiffs. In the event the parties disagree about allowing the joinder of any such persons as plaintiffs in this lawsuit, plaintiffs' counsel can make a motion for an order from the Court allowing such. Nothing in this Stipulation will be deemed a consent by defendants to allow such joinder after the 60 day opt-in period.

         3. Defendant will cover all costs for the services provided by the notice administrator regarding the mailing of the notice and consent forms.

         4. Pursuant to the parties' joint stipulation on tolling of the limitations period under the FLSA, the filing date for consent forms will be deemed 47 days before the date the form is received by the notice administrator. See DE 38.

         5. Before the mailing, the notice administrator will update the addresses through the NCOA database. The notice administrator will perform address tracing and forwarding for undeliverable notices.

         6. A declaration will be provided by the notice administrator to counsel for both parties attesting that the notice administrator has complied with the terms of this stipulation.

         7. The notice administrator will permit the undersigned counsel, upon request, to inspect all records of the notice administrator pertaining to the notice herein once the opt-in process has been completed.

         8. The opt-in period will close on May 15, 2017.

         9. Upon completion of the opt-in process, the notice administrator will provide the full list of opt-in plaintiffs to plaintiffs' counsel. The list will contain the name, last known home address (including zip code), and last known telephone number, of all individuals who properly opted in to this action.

         10. Neither side will contact any of the potential opt-in plaintiffs for any purpose related to this action, including to encourage or discourage them from opting in to this lawsuit, until after the completion of the opt-in period, except that counsel may respond to inquiries from potential opt-in plaintiffs during this time. Plaintiffs' counsel may contact potential opt-in plaintiffs after they have opted in.

         11. Defendants and plaintiffs' counsel will not post, publish, or email the notice. However, plaintiffs' counsel may email it to persons who initiate contact with plaintiffs' counsel. Neither plaintiffs nor plaintiffs' counsel will solicit opt-in plaintiffs.

         12. Within one week after the close of the opt-in period, the parties will confer regarding discovery and a briefing schedule for Rule 23 class certification and any other motions the parties contemplate. The parties will then submit to the Court a proposed schedule for such discovery and briefing.

         13. This joint stipulation resolves the Plaintiffs' Motion for Circulation of Notice of the Pendency of this Action Pursuant to 29 U.S.C. § 216(B) and for Other Relief filed on December 7, 2016. Plaintiffs will withdraw their motion upon the filing of this stipulation.

         So Ordered.

         NOTICE TO ...


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