Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bodon v. Domino's Pizza, LLC

United States District Court, E.D. New York

January 16, 2015

ERNESTO BODON, KEVIN CURRY & DONNA ANNUNZIATO, individually and on behalf of other similarly situated persons, Plaintiffs,
v.
DOMINO'S PIZZA, LLC, Defendant

For David Geronemus, Mediator, Ernesto Bodon, Plaintiff: Donald Harold Nichols, LEAD ATTORNEY, Nichols Kaster PLLP, Minneapolis, MN, USA; E. Michelle Drake, LEAD ATTORNEY, PRO HAC VICE, Paul J. Lukas, Nichols Kaster, PLLP, Minneapolis, MN, USA; George A. Hanson, LEAD ATTORNEY, PRO HAC VICE, Stueve Siegel Hanson LLP, Kansas City, MO, USA; Ilya I. Ruvinskiy, LEAD ATTORNEY, PRO HAC VICE, Weinhaus & Potashnick, St. Louis, MO, USA; Ashlea Schwarz, Stueve Siegel Hanson LLP, Kansas City, MO, USA; Mark A. Potashnick, PRO HAC VICE, Weinhaus & Potashnick, St. Louis, MO, USA.

For Kevin Curry, Plaintiff: Ashlea Schwarz, George A. Hanson, PRO HAC VICE, Stueve Siegel Hanson LLP, Kansas City, MO, USA; E. Michelle Drake, PRO HAC VICE, Donald Harold Nichols, Paul J. Lukas, Nichols Kaster PLLP, Minneapolis, MN, USA; Mark A. Potashnick, PRO HAC VICE, Ilya I. Ruvinskiy, Weinhaus & Potashnick, St. Louis, MO, USA.

For Donna Annunziato, individually and on behalf of others similarly situated, Plaintiff: George A. Hanson, PRO HAC VICE, Ashlea Schwarz, Stueve Siegel Hanson LLP, Kansas City, MO, USA; E. Michelle Drake, PRO HAC VICE, Donald Harold Nichols, Nichols Kaster PLLP, Minneapolis, MN, USA; Ilya I. Ruvinskiy, Weinhaus & Potashnick, St. Louis, MO, USA; Mark A. Potashnick, PRO HAC VICE, Weinhaus & Potashnick, St. Louis, MO, USA; Paul J. Lukas, Nichols Kaster, PLLP, Minneapolis, MN, USA.

For Domino's Pizza, LLC, Defendant: Aaron Warshaw, LEAD ATTORNEY, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York, NY, USA; David Simon Kurtzer-Ellenbogen, LEAD ATTORNEY, Williams and Connolly LLP, Washington, DC, USA; Anne Malinee, PRO HAC VICE, Williams & Connolly LLP, Washington, DC, USA.

REPORT AND RECOMMENDATION

ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE.

In this New York Labor Law class action, Kevin Curry and Donna Annunziato (collectively, " plaintiffs") reached an agreement with defendant Domino's Pizza, LLC (" defendant" or " Domino's") to resolve their lawsuit in its entirety on a class-wide basis. Currently pending before this Court, on referral from the Honorable Sandra L. Townes, is plaintiffs' unopposed motion seeking an order (1) granting final approval of the terms of the settlement; (2) directing distribution of the settlement proceeds in accordance with that settlement; and (3) dismissing the claims with prejudice. See Consent Motion for Settlement (Oct. 24, 2014) (" Pl. Mot."), Electronic Case Filing Docket Entry (" DE") #207. For the reasons set forth herein, the Court recommends that the District Court grant plaintiffs' motion; enter the requested order, with minor modifications as further explained below; and dismiss the claims with prejudice in accordance with the settlement.

FACTUAL BACKGROUND

In a prior opinion, this Court recommended that the District Court preliminarily approve the same settlement, see Bodon v. Domino's Pizza, LLC, No. 09-CV-2941 (SLT), 2014 WL 3605507 (E.D.N.Y. June 25, 2014), adopted, 2014 WL 3566076 (E.D.N.Y. July 18, 2014) (hereinafter, " R& R"); the factual background in the instant report and recommendation concerning the parties' request for final approval is drawn in large part from that prior opinion.

I. Litigation History

Plaintiffs initiated this action on July 9, 2009. See Id. at *1. They allege that, in violation of the New York Labor Law, Domino's (1) failed to provide services or allowances to employees for the laundering, cleaning, and maintenance of work uniforms; (2) made de facto deductions from employees' wages by requiring them to make certain uniform-related purchases; and (3) retained gratuities belonging to delivery drivers. See id. The first three years of the litigation involved discovery, successive rounds of motions to dismiss, and unsuccessful mediation efforts. See id.

On July 19, 2012, plaintiffs filed a motion seeking class certification under Rule 23 of the Federal Rules of Civil Procedure (" FRCP"). See Id. at *1.[1] Judge Townes subsequently referred plaintiffs' motion for class certification to the undersigned magistrate judge for issuance of a report and recommendation. See id.

On February 6, 2014, this Court heard argument on plaintiffs' motion for class certification and conducted settlement discussions that resulted in a judicial recommendation of the key terms of a class-wide settlement. See Id. at *1. The parties accepted the Court's recommendation the following week and jointly drafted settlement papers with input from the Court. See id. Plaintiffs filed the instant motion for preliminary approval of the class settlement, along with a settlement agreement and additional exhibits, on May 16, 2014. See id. Subsequently, Judge Townes referred the motion to the undersigned magistrate judge for a report and recommendation. See id.

Following the referral, this Court reviewed the parties' settlement papers and expressed concerns about a few provisions. See Id. at *2. On June 13, 2014, plaintiffs filed an amended settlement agreement and revised notice forms. See id.[2]

II. The Parties' Proposed Settlement

The amended settlement agreement executed by the parties provides for a monetary settlement, administered by an independent third party, to members of a settlement class including " all persons employed as a delivery driver or customer service representative ('CSR') at any Domino's-owned store in the State of New York between July 9, 2003 and March 2, 2014, " as determined by Domino's records (the " Settlement Class"). Amended Settlement Agreement (June 13, 2014) (" Agreement") ¶ ¶ 1-2, DE #186-1. Specifically, the Agreement provides that each class member who timely filed a claim shall receive:

a. Thirteen dollars ($13) per week employed for more than 30 hours in the position of delivery driver at a Domino's-owned store in the State of New York between July 9, 2003 and May 31, 2010 [relating to the gratuities claim];
b. Ten dollars ($10) per week employed for 30 or fewer hours in the position of delivery driver at a Domino's-owned store in the State of New York between July 9, 2003 and May 31, 2010 [relating to the gratuities claim];
c. Four dollars ($4) per week employed in the position of delivery driver or CSR at a Domino's-owned store in the State of New York between July 9, 2003 and December 31, 2010 [relating to the uniform-maintenance claim]; and
d. Two dollars ($2) per week employed in the position of delivery driver or CSR at a Domino's-owned store in the State of New York between July 9, 2003 and March 2, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.