United States District Court, D. Nevada
WILLIAM SLACK, HARRY STROCK, and EDWARD CHAMPA Individually and on behalf of others similarly situated, Plaintiffs,
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.
GUMP STRAUSS HAUER & FELD, LLP Joel M. Cohn Allison S.
Papadopoulos Attorneys for defendants.
Greenberg Professional Corporation Leon Greenberg Dana
Sniegocki Attorneys for plaintiffs.
STIPULATION TO CONDITIONAL CERTIFICATION AND
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 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:
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
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.
Defendant will cover all costs for the services provided by
the notice administrator regarding the mailing of the notice
and consent forms.
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.
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
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
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.
opt-in period will close on May 15, 2017.
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
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
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.
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
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.