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Case Developments

Case Developments 

UPDATE: The Court has issued an Order granting Defendants’ Motion to Decertify Collective Action, which is available under the Court Documents menu.  We will be contacting all class members in the coming days concerning the next steps and our suggestions.


 

On June 13, 2014, the Court issued its Scheduling Order.  Pursuant to the Order, Darden Restaurants Inc. and affiliated entities (the “Defendants”) are to file a motion seeking to decertify this collective action on June 27, 2014, which Plaintiffs will oppose on July 23, 2014.  Once the Court rules on Defendants’ motion to decertify, we will update all class members of the result.  Discovery between the parties is currently ongoing.  Trial in this case is set for the week of February 2, 2015 or February 9, 2015.

This case was filed in September 2012. On March 4, 2013, the Court issued an order preventing Defendants from questioning the named plaintiffs in this case without first contacting plaintiff’s counsel.  Plaintiffs filed their Third Amended Collective Action Complaint in June 2014.  On July 12, 2013, the Court granted Plaintiffs’ Motion for Conditional Certification for a nationwide class of servers and bartenders employed at Olive Garden, Red Lobster, Longhorn Steakhouse, Bahama Breeze and Seasons 52 between September 6, 2009 and September 6, 2012 . That same day, the Court required Darden to remove language from forms it was handing out to Darden employees with checks for back pay “to avoid unfairly affecting the litigation.” On August 12, 2013, the Court approved a Notice and Consent forms to be sent to the 216,000 potential class members.