Opinion
Civil Action 17-465
02-07-2023
JOSEPH FIUMANO, for himself and all others similarly situated, Plaintiff, v. METRO DINER MANAGEMENT, LLC, et al., Defendants.
ORDER
ANITA B. BRODY, J.
AND NOW, this 7th day of February, 2023, it is ORDERED that:
• Plaintiffs' motion for summary judgment on the FLSA tip pool claim is DENIED.
• As to the tip pool claim relating to Hosts, Defendants' motion for partial summary judgment is GRANTED.
• As to the tip pool claim relating to Bussers, Defendants' motion for partial summary judgment is DENIED.
• Plaintiffs' motion for summary judgment on the FLSA 80/20 claim is DENIED.
• Defendants' motion for partial summary judgment to dismiss claims against CHG, John Davoli, Sr., and Mark Davoli is GRANTED. Defendants' motion for partial summary judgment to dismiss claims brought by employees employed at any Metro Diner restaurants not including the original three restaurants against MD Original is GRANTED.
• Defendants' motion for partial summary judgment to dismiss any opt-in Plaintiffs who worked in Nevada is GRANTED. Parties must investigate which opt-in Plaintiffs worked at a Nevada Metro Diner location and were therefore paid in
accordance with Nevada state law. Parties must submit evidence related to the employment of those opt-in Plaintiffs at the Final Pretrial Conference.