Morehouse v. Let's eat Out, Incorporated
Court Docket Sheet

Northern District of Alabama

5:2017-cv-02025 (alnd)

COMPLAINT with jury demand thereon against Let's Eat Out, Incorporated filed by Tiauna Morehouse.(AHI)

FILED 2017 Dec-05 AM 08:39 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TIAUNA MOREHOUSE § Individually and on behalf of all others § similarly situated § § Plaintiff, § Civil Action No. ______________ § v. § § JURY TRIAL DEMANDED LET'S EAT OUT, INCORPORATED § § COLLECTIVE ACTION Defendant. § PURSUANT TO 29 U.S.C. § 216(b) ORIGINAL COLLECTIVE ACTION COMPLAINT Plaintiff Tiauna Morehouse ("Plaintiff" or "Plaintiff Morehouse") brings this action individually and on behalf of all current and former tipped employees (hereinafter "Plaintiff and the Putative Class Members") employed by Let's Eat Out, Incorporated (hereinafter "LEO") who were paid by the hour but were denied compensation for all hours worked, denied payment for overtime, denied minimum wage, and suffered illegal deductions from their pay for the three years preceding the filing of the Original Complaint and through the final disposition of this matter, to recover compensation, liquidated damages, attorneys' fees, and costs, pursuant to the provisions of Section 216(b) of the Fair Labor Standards Act of 1938, as amended 29 U.S.C. § 216(b). I. OVERVIEW 1.1 This is a collective action to recover overtime wages brought pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et. seq. 1.2 Plaintiff and the Putative Class Members are those current and former non-exempt employees who worked for LEO as tipped employees and were paid by the hour but were not paid overtime, were not paid for all hours worked, were not paid proper wages, and suffered illegal wage deductions. Original Collective Action Complaint Page 1 1.3 The FLSA requires that all non-exempt employees—like Plaintiff and the Putative Class Members—receive compensation for time spent working on their employer's behalf at time and one-half for all hours worked over forty in a regular workweek. 1.4 Plaintiff and the Putative Class Members worked in excess of forty (40) hours per workweek. 1.5 Plaintiff and the Putative Class Members were not paid overtime at least one and one half their regular rates for all hours worked in excess of forty (40) hours per workweek. 1.6 LEO knowingly and deliberately failed to compensate Plaintiff and the Putative Class Members for all hours worked in excess of forty (40) hours each workweek. 1.7 LEO knowingly and deliberately deleted time entries for certain hours worked by Plaintiff and the Putative Class Members to avoid having to pay the Plaintiff and the Putative Class overtime. 1.8 Plaintiff and the Putative Class Members did not (and do not) perform work that meets the definition of exempt work under the FLSA.1 1.9 Under the tip-credit provisions of the FLSA, an employer of tipped employees—like Plaintiff and the Putative Class Members--may, under certain circumstances, pay those employees less than the minimum hourly wage and take a "tip credit" against its minimum wage obligations. But an employer is not permitted to take a tip credit against its minimum wage obligations in any of the following circumstances: (1) when it fails to inform tipped employees of the provisions of the tip-credit subsection of the FLSA; (2) when it requires its tipped employees to perform non-tipped work that is unrelated to the employees' tipped occupation (i.e., "dual jobs"); or (3) when it requires its tipped employees to perform non-tipped work that, although related to the employees' tipped All exemptions are to be narrowly construed and the burden of proof to establish them lies with the 1 employer. Alvarez Perez v. Stanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008). Original Collective Action Complaint Page 2 occupation, exceeds twenty percent (20%) of the employees' time worked during a workweek; or (4) when it requires tipped employees to return a portion of their tips to the employer.2 1.10 Plaintiff and the Putative Class Members would spend in excess of 20% of their time performing incidental tasks, and tasks wholly unrelated to their tipped duties. 1.11 Plaintiff and the Putative Class Members were paid a sub-minimum, tip-credit rate of pay when performing non-tip related duties and when they spent in excess of 20% of their time performing incidental duties. 1.12 LEO knowingly and deliberately failed to pay minimum wage to Plaintiff and Putative Class Members for these hours worked where the tip credit was unavailable. 1.13 The FLSA requires that if the cash wage plus the tips are not enough to meet the minimum wage, the employer must top up the cash wage to reach the minimum wage.3 1.14 Plaintiff and the Putative Class Members on several occasions would not make enough tips to equal the minimum wage when combined with their cash wage. 1.15 LEO knowingly and deliberately failed to top up Plaintiff and Putative Class Members wages when Plaintiff and Putative Class Members tips plus cash wage did not amount to the minimum wage. 1.16 The FLSA does not allow employers to deduct from employees' wages for unpaid customer charges where to do so would reduce the employees' compensation below the minimum wage.4 2 29 C.F.R § 531.60 3 29 U.S.C. § 203(m); 29 C.F.R. § 531.51 4 29 C.F.R. § 778.307 Original Collective Action Complaint Page 3 1.17 LEO knowingly and deliberately would deduct unpaid customer meals from Plaintiff and Putative Class Members wages when doing so would reduce Plaintiff and Putative Class Members' wages below the minimum wage. 1.18 The FLSA requires employees be compensated for all hours worked. 1.19 LEO knowingly and deliberately would direct Plaintiff and Putative Class Members to work off the clock, LEO would not compensate Plaintiff or Putative Class Members for these hours worked. 1.20 Plaintiff and the Putative Class Members seek to recover all unpaid overtime, proper minimum wage payment for hours worked performing non-tip related duties and for time spent performing incidental duties, payment for illegal wage deductions, payment for all hours worked, liquidated damages, and other damages owed under the FLSA as a collective action pursuant to 29 U.S.C. § 216(b). 1.21 Plaintiff also prays that all similarly situated workers (Putative Class Members) be notified of the pendency of this action to apprise them of their rights and provide them an opportunity to opt-in to this lawsuit. II. PARTIES 2.1 Plaintiff Tiauna Morehouse ("Morehouse") worked for LEO within the meaning of the FLSA, within this judicial district, and within the relevant three-year period. 2.2 The Putative Class Members are those current and former tipped employees who were employed by LEO at any time from December 4, 2014 through the final disposition of this matter, and have been subjected to the same illegal pay system under which Plaintiff Morehouse worked and was paid. Original Collective Action Complaint Page 4 2.3 Let's Eat Out, Incorporated ("LEO") is a foreign for-profit corporation, licensed to and doing business in Alabama, and may be served through its registered agent for service of process: Diana Mahan, 524 Russet Bend Drive, Birmingham, AL 35244. III. JURISDICTION & VENUE 3.1 This Court has federal question jurisdiction under 28 U.S.C. § 1331 and 29 U.S.C. § 216(b). 3.2 This Court has personal jurisdiction over LEO because the cause of action arose within this district as a result of LEO's conduct within this District and Division. 3.3 Venue is proper in the Northern District of Alabama because this is a judicial district where a substantial part of the events or omissions giving rise to the claim occurred. 3.4 Specifically, LEO has maintained a working presence throughout the State of Alabama (and the United States), and Plaintiff Morehouse worked in Huntsville, Madison County, Alabama throughout her employment with LEO, all of which are located within this District and Division. 3.5 Venue is therefore proper in this Court pursuant to 28 U.S.C. § 1391(b). IV. FLSA COVERAGE 4.1 At all times hereinafter mentioned, LEO has been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(r). 4.2 At all times hereinafter mentioned, LEO has been an enterprise within the meaning of Section 3(r) of the FLSA, 29 U.S.C. § 203(r) 4.3 At all times hereinafter mentioned, LEO has been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Section 3(s)(1) of the FLSA, 29 U.S.C. § 203(s)(1), in that said enterprises has had employees handling, selling, or Original Collective Action Complaint Page 5 otherwise working on goods or materials that have been moved in or produced for commerce by any person, or in any closely related process or occupation directly essential to the production thereof, and in that those enterprises have had, and have, an annual gross volume of sales made or business done of not less than $500,000.00 (exclusive of excise taxes at the retail level which are separately stated). 4.4 During the respective periods of Plaintiff and the Putative Class Members' employment by LEO, these individuals provided services for LEO that involved interstate commerce for purposes of the FLSA. 4.5 In performing the operations hereinabove described, Plaintiff and the Putative Class Members were engaged in commerce or in the production of goods for commerce within the meaning of §§ 203(b), 203(i), 203(j), 206(a), and 207(a) of the FLSA. 29 U.S.C. §§ 203(b), 203(i), 203(j), 206(a), 207(a). 4.6 Specifically, Plaintiff and the Putative Class Members are (or were) non-exempt employees who worked for LEO as tipped employees. 29 U.S.C. § 203(j). 4.7 At all times hereinafter mentioned, Plaintiff and the Putative Class Members are (or were) individual employees who were engaged in commerce or in the production of goods for commerce as required by 29 U.S.C. §§ 206–07. 4.8 The proposed collective of similarly situated employees, i.e. potential collective members sought to be certified pursuant to 29 U.S.C. § 216(b), is defined as "all tipped employees employed by Let's Eat Out, Incorporated, at any time from December 4, 2014 through the final disposition of this matter" (the "Putative Class Members"). 4.9 The precise size and identity of the proposed FLSA Collective should be ascertainable from the business records, tax records, and/or employee or personnel records of LEO. Original Collective Action Complaint Page 6 V. FACTS 5.1 LEO operates food service franchises throughout the United States. 5.2 Plaintiff Morehouse worked for LEO from August 2015 through June 2016 as a tipped employee. During this time, Plaintiff Morehouse was paid by the hour but did not receive time and a half for all hours worked in excess of forty (40) in a workweek. 5.3 As tipped employees, Plaintiff and Putative Class Members were responsible for serving food and drinks to customers and cleaning tables. 5.4 Plaintiff and Putative Class Members would also have to perform physical tasks like scrubbing the restaurant walls, managing the beer kegs, washing dirty dishes, scrubbing the restaurant floors, cleaning kitchen equipment, taking out the garbage, preparing the dining area, taking the ice out of the ice machine, cleaning the ice machine, bussing tables, performing hostess duties, bartending, vacuuming, mopping, cleaning windows, scrubbing the outside walls of the building, scrubbing the concrete parking lot(s) outside, and scrubbing the concrete walkway(s) outside. These duties were generally performed before the restaurant opened or after the restaurant was closed. During these times, Plaintiff was paid a sub-minimum hourly wage even though tips could not be earned since customers were not present. 5.5 Plaintiff and Putative Class Members would perform these physical janitorial duties for multiple hours per week and would spend in excess of twenty percent (20%) of their total work time performing these non-tipped and incidentally-related duties. 5.6 LEO would direct Plaintiff and Putative Class Members to clock out after customers left even though Plaintiff would spend the next hour or two closing the restaurant and performing janitorial duties. Original Collective Action Complaint Page 7 5.7 LEO, on several occasions, would knowingly and deliberately shave and/or deduct hours from Plaintiff and Putative Class Members' work record to avoid Plaintiff and Putative Class Members accruing more than forty (40) hours worked in one week. 5.8 LEO would deduct these wages from the Plaintiff and Putative Class members when customers did not pay for their meals. LEO would do this even when it reduced Plaintiff and Putative Class Members' wages below the minimum wage. This is a blatant violation of the FLSA. 5.9 Plaintiff and Putative Class Members on several occasions would earn a pittance in tip amount and when their tips were combined with their cash wage, this amount would not equal the minimum wage as is required by the FLSA. 5.10 When Plaintiff and Putative Class Member did not earn enough tip money to equate to the minimum wage when combined with their cash wage, LEO did not top off their cash wage. 5.11 The FLSA mandates that overtime be paid at one and one-half times an employee's regular rate of pay. 5.12 Plaintiff and the Putative Class Members regularly worked in excess of forty (40) hours per week but did not receive overtime pay. 5.13 The FLSA further mandates that all hours worked are to be compensated. 5.14 Plaintiff and Putative Class Members were not compensated for all hours worked. 5.15 Although the FLSA allows a tip credit to be used to supplement wages when an employee is performing tip-related duties or duties incidental to tip-related duties—it is only permissible to use a tip credit when an employee does not spend more than twenty percent (20%) of their time performing such incidental duties. 5.16 Plaintiff and Putative Class Members were always paid the tip wage—even when not performing tip-related duties or when performing incidental duties in excess of 20% of their time worked. Original Collective Action Complaint Page 8 5.17 The FLSA mandates that when an employee's tips and cash wages do not amount to minimum wage, the employer must top off the employee's wages so that the wage plus tips received amount to the federally mandated minimum wage. 5.18 LEO never topped off Plaintiff or the Putative Class Members' wages when their tips plus cash wage did not amount to minimum wage. 5.19 The FLSA prohibits employers from deducting from employees' wages when such deductions would result in the employee receiving less than minimum wage. 5.20 LEO deducted (and continues to deduct) from Plaintiff and the Putative Class Members' wages even where it reduces their wages below minimum wage. 5.21 Accordingly, LEO pay policies and practices blatantly violated the FLSA. VI. CAUSES OF ACTION A. FAILURE TO PAY WAGES IN ACCORDANCE WITH THE FAIR LABOR STANDARDS ACT 6.1 LEO violated provisions of Sections 6, 7 and 15 of the FLSA, 29 U.S.C. §§ 206, 207, and 215(a)(2) by employing individuals in an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the FLSA for workweeks longer than forty (40) hours without compensating such employees for their employment in excess of forty (40) hours per week at rates at least one and one-half times the regular rates for which they were employed, failing to pay a minimum wage, and failing to compensate such employees for all hours worked. 6.2 Moreover, LEO knowingly, willfully and in reckless disregard carried out their illegal pattern of failing to pay Plaintiff Morehouse and other similarly situated employees overtime compensation. 29 U.S.C. § 255(a). 6.3 LEO knew or should have known its pay practices were in violation of the FLSA. Original Collective Action Complaint Page 9 6.4 LEO is a sophisticated party and employer, and therefore knew (or should have known) its policies were in violation of the FLSA. 6.5 Plaintiff and the Putative Class Members, on the other hand, are (and were) unsophisticated laborers who trusted LEO to pay according to the law. 6.6 The decision and practice by LEO to not pay overtime was neither reasonable nor in good faith. 6.7 Accordingly, Plaintiff and the Putative Class Members are entitled to minimum wages and overtime wages for all hours worked in excess of forty (40) hours per workweek pursuant to the FLSA in an amount equal to one-and-a-half times their regular rate of pay, plus liquidated damages, attorneys' fees and costs. B. COLLECTIVE ACTION ALLEGATIONS 6.8 Pursuant to 29 U.S.C. § 216(b), this is a collective action filed on behalf of all those who are (or were) similarly situated to Plaintiff. 6.9 Other similarly situated employees have been victimized by LEO's patterns, practices, and policies, which are in willful violation of the FLSA. 6.10 The Putative Class Members are "all tipped employees employed by Let's Eat Out, Incorporated, at any time in the last three years through the final disposition of this matter." 6.11 LEO's failure to pay overtime compensation at the rates required by the FLSA results from generally applicable policies and practices, and does not depend on the personal circumstances of the Putative Class Members. 6.12 Thus, Plaintiff's experiences are typical of the experiences of the Putative Class Members. 6.13 The specific job titles or precise job requirements of the various Putative Class Members does not prevent collective treatment. Original Collective Action Complaint Page 10 6.14 All of the Putative Class Members—regardless of their specific job titles, precise job requirements, rates of pay, or job locations—are entitled to be properly compensated for all hours worked in excess of forty (40) hours per workweek. 6.15 All of the Putative Class Members—regardless of their specific job titles, precise job requirements, rates of pay, or job locations—are entitled to minimum wage for all hours worked. 6.16 All of the Putative Class Members—regardless of their specific job titles, precise job requirements, rates of pay, or job locations—are entitled to minimum wage when not performing tip related duties or when spending in excess of twenty percent (20%) of their time performing incidental duties. 6.17 All of the Putative Class Members—regardless of their specific job titles, precise job requirements, rates of pay, or job locations—are entitled to top up wages when their cash wage plus their tips did not amount to minimum wage. 6.18 All of the Putative Class Members—regardless of their specific job titles, precise job requirements, rates of pay, or job locations—are entitled to payments for illegal wage deductions. 6.19 Although the issues of damages may be individual in character, there is no detraction from the common nucleus of liability facts. Indeed, the Putative Class Members are non-exempt workers entitled to overtime after 40 hours in a week. 6.20 LEO employed a substantial number of workers during the past three years. These workers are geographically dispersed, residing and working in cities across the Country. 6.21 Absent a collective action, many members of the proposed FLSA class likely will not obtain redress of their injuries and LEO will retain the proceeds of their rampant violations. 6.22 Moreover, individual litigation would be unduly burdensome to the judicial system. Concentrating the litigation in one forum will promote judicial economy and parity among the claims of the individual members of the classes and provide for judicial consistency. Original Collective Action Complaint Page 11 6.23 Accordingly, the class of similarly situated plaintiffs should be defined as: ALL TIPPED EMPLOYEES EMPLOYED BY LET'S EAT OUT, INCORPORATED, AT ANY TIME FROM DECEMBER 4, 2014 THROUGH THE FINAL DISPOSITION OF THIS MATTER VII. RELIEF SOUGHT 7.1 Plaintiff Morehouse respectfully prays for judgment against LEO as follows: a. For an Order recognizing this proceeding as a collective action pursuant to Section 216(b) of the FLSA and requiring LEO to provide the names, addresses, e-mail addresses, telephone numbers, and social security numbers of all putative class members; b. For an Order approving the form and content of a notice to be sent to all potential collective action members advising them of the pendency of this litigation and of their rights with respect thereto; c. For an Order awarding Plaintiff (and those who have joined in the suit) back wages that have been improperly withheld; d. For an Order pursuant to Section 16(b) of the FLSA finding LEO liable for unpaid back wages due to Plaintiff (and those who have joined in the suit), and for liquidated damages equal in amount to the unpaid compensation found due to Plaintiff (and those who have joined in the suit); e. For an Order awarding Plaintiff (and those who have joined in the suit) the costs and expenses of this action; f. For an Order awarding Plaintiff (and those who have joined in the suit) attorneys' fees; g. For an Order awarding Plaintiff (and those who have joined in the suit) pre- judgment and post-judgment interest at the highest rates allowed by law; Original Collective Action Complaint Page 12 h. For an Order awarding Plaintiff Morehouse a service award as permitted by law; i. For an Order compelling the accounting of the books and records of LEO; and j. For an Order granting such other and further relief as may be necessary and appropriate. Date: December 4, 2017 Respectfully submitted, HARDIN & HUGHES, LLP By: /s/ David A. Hughes David A. Hughes (ASB-3923-U82D) dhughes@hardinhughes.com 2121 14th Street Tuscaloosa, Alabama 35401 Telephone: (205) 523-0463 Facsimile: (205) 344-6188 ANDERSON2X, PLLC By: /s/ Clif Alexander Clif Alexander (Pro Hac Vice Anticipated) Federal I.D. No. 1138436 Texas Bar No. 24064805 clif@a2xlaw.com Austin W. Anderson (Pro Hac Vice Anticipated) Federal I.D. No. 777114 Texas Bar No. 24045189 austin@a2xlaw.com 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys in Charge for Plaintiff and Putative Class Members Original Collective Action Complaint Page 13

NOTICE TO COUNSEL regarding case assigned to unassigned judge; this case has been referred to Judge Coogler until further notice. Please use case number 5:17-CV-2025-UJH-LSC on all subsequent pleadings. (AHI)

FILED 2017 Dec-05 AM 08:40 U.S. DISTRICT COURT N.D. OF ALABAMA NOTICE TO COUNSEL This case is currently unassigned. It is part of a new case load being created for a new judge. The judges of the Northern District of Alabama are creating two Unassigned civil case loads to be assumed, after confirmation, by the two judges nominated to fill the vacancies on the bench of the court. Cases designated Unassigned B will be assumed by the judge whose duty station will be in Birmingham. Cases designated Unassigned H will be assumed by the judge whose duty station will be in Huntsville. A randomly assigned active Article III judge will monitor the case until the new judge is confirmed. Clerk's Office contact information is as follows: Judge Unassigned B - Tammi Coe (205) 278-1736 Judge Unassigned H - Angela Ingleright (256) 551-2532

NOTICE by Tiauna Morehouse of Filing of Consent to Become Party Plaintiff

FILED 2017 Dec-05 PM 06:12 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TIAUNA MOREHOUSE § Individually and on behalf of all others § similarly situated § § Plaintiff, § Civil Action No. 5:17-cv-02025-UJH-LSC § v. § § LET'S EAT OUT, INCORPORATED § § COLLECTIVE ACTION Defendant. § PURSUANT TO 29 U.S.C. § 216(b) NOTICE OF FILING OF CONSENTS TO BECOME PARTY PLAINTIFF Pursuant to 29 U.S.C. § 216(b), Plaintiffs hereby file Consent to Join forms for the following persons, true and correct copies of which are attached hereto as Exhibit A: 1. Amy Cason; 2. Alexandria Herrera; 3. Brittany Hill; 4. Tamatha Johnson; and 5. Alyssa Moyer. Dated: December 5, 2017 Respectfully submitted, HARDIN & HUGHES, LLP By: /s/ David A. Hughes David A. Hughes (ASB-3923-U82D) dhughes@hardinhughes.com 2121 14th Street Tuscaloosa, Alabama 35401 Telephone: (205) 523-0463 Facsimile: (205) 344-6188 ANDERSON2X, PLLC By: /s/ Clif Alexander Clif Alexander (Pro Hac Vice Anticipated) Federal I.D. No. 1138436 Texas Bar No. 24064805 clif@a2xlaw.com Austin W. Anderson (Pro Hac Vice Anticipated) Federal I.D. No. 777114 Texas Bar No. 24045189 austin@a2xlaw.com 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys in Charge for Plaintiff and Putative Class Members CERTIFICATE OF SERVICE I hereby certify that on December 5, 2017, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system, and served a copy upon Defendant via First Class Mail addressed as follows: Let's Eat Out, Incorporated c/o Diana Mahan, registered agent 524 Russet Bend Dr. Birmingham, AL 35244 /s/David A. Hughes David A. Hughes

Exhibit A

FILED 2017 Dec-05 PM 06:12 U.S. DISTRICT COURT N.D. OF ALABAMA EXHIBIT A CONSENT TO JOIN WAGE CLAIM Amy Cason Print Name: _________________________________________ 1. I hereby consent to participate in a collective action lawsuit against LET'S EAT OUT, INCORPORATED to pursue my claims of unpaid overtime during the time that I worked with the company. 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON2X, PLLC as my attorneys to prosecute my wage claims. 4. I intend to pursue my claim individually, unless and until the Court certifies this case as a collective action. I agree to serve as the Class Representative if the Court so approves. If someone else serves as the Class Representative, then I designate the Class Representative(s) as my agents to make decisions on my behalf concerning the litigation, the method and manner of conducting the litigation, the entering of an agreement with the Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. 5. I authorize the law firm and attorneys at ANDERSON2X, PLLC to use this consent to file my claim in a separate lawsuit, class/collective action, or arbitration against the company. Signature: Amy ___________________________ Cason (Dec 1, 2017) Dec 1, 2017 Date: ___________________________ CONSENT TO JOIN WAGE CLAIM Alexandria Herrera Print Name: _________________________________________ 1. I hereby consent to participate in a collective action lawsuit against LET'S EAT OUT, INCORPORATED to pursue my claims of unpaid overtime during the time that I worked with the company. 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON2X, PLLC as my attorneys to prosecute my wage claims. 4. I intend to pursue my claim individually, unless and until the Court certifies this case as a collective action. I agree to serve as the Class Representative if the Court so approves. If someone else serves as the Class Representative, then I designate the Class Representative(s) as my agents to make decisions on my behalf concerning the litigation, the method and manner of conducting the litigation, the entering of an agreement with the Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. 5. I authorize the law firm and attorneys at ANDERSON2X, PLLC to use this consent to file my claim in a separate lawsuit, class/collective action, or arbitration against the company. Alexandria Herrera Oct 3, 2017 Signature: Alexandria ___________________________ Herrera (Oct 3, 2017) Date: ___________________________ CONSENT TO JOIN WAGE CLAIM Brittany Hill Print Name: _________________________________________ 1. I hereby consent to participate in a collective action lawsuit against LET'S EAT OUT, INCORPORATED to pursue my claims of unpaid overtime during the time that I worked with the company. 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON2X, PLLC as my attorneys to prosecute my wage claims. 4. I intend to pursue my claim individually, unless and until the Court certifies this case as a collective action. I agree to serve as the Class Representative if the Court so approves. If someone else serves as the Class Representative, then I designate the Class Representative(s) as my agents to make decisions on my behalf concerning the litigation, the method and manner of conducting the litigation, the entering of an agreement with the Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. 5. I authorize the law firm and attorneys at ANDERSON2X, PLLC to use this consent to file my claim in a separate lawsuit, class/collective action, or arbitration against the company. Signature: Brittany ___________________________ Hill (Nov 28, 2017) Nov 28, 2017 Date: ___________________________ CONSENT TO JOIN WAGE CLAIM Tamatha Johnson Print Name: _________________________________________ 1. I hereby consent to participate in a collective action lawsuit against LET'S EAT OUT, INCORPORATED to pursue my claims of unpaid overtime during the time that I worked with the company. 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON2X, PLLC as my attorneys to prosecute my wage claims. 4. I intend to pursue my claim individually, unless and until the Court certifies this case as a collective action. I agree to serve as the Class Representative if the Court so approves. If someone else serves as the Class Representative, then I designate the Class Representative(s) as my agents to make decisions on my behalf concerning the litigation, the method and manner of conducting the litigation, the entering of an agreement with the Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. 5. I authorize the law firm and attorneys at ANDERSON2X, PLLC to use this consent to file my claim in a separate lawsuit, class/collective action, or arbitration against the company. Signature: Tamatha ___________________________ Johnson (Sep 27, 2017) Sep 27, 2017 Date: ___________________________ CONSENT TO JOIN WAGE CLAIM Alyssa Moyer Print Name: _________________________________________ 1. I hereby consent to participate in a collective action lawsuit against LET'S EAT OUT, INCORPORATED to pursue my claims of unpaid overtime during the time that I worked with the company. 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON2X, PLLC as my attorneys to prosecute my wage claims. 4. I intend to pursue my claim individually, unless and until the Court certifies this case as a collective action. I agree to serve as the Class Representative if the Court so approves. If someone else serves as the Class Representative, then I designate the Class Representative(s) as my agents to make decisions on my behalf concerning the litigation, the method and manner of conducting the litigation, the entering of an agreement with the Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. 5. I authorize the law firm and attorneys at ANDERSON2X, PLLC to use this consent to file my claim in a separate lawsuit, class/collective action, or arbitration against the company. Signature: Alyssa ___________________________ Moyer (Nov 13, 2017) Nov 13, 2017 Date: ___________________________

SUMMONS Returned Executed by Tiauna Morehouse. Let's Eat Out, Incorporated served on 12/19/2017, answer due 1/9/2018. (SPT)

CICA istilik sis. 2017 Dec - 22 PM 02: 07 U. Š . DISTRICT COURT N. D. OF ALABAMA ngritura para | | Malan by MahaN FunER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature O Agent O Addressee so that we can returii Received, by Rinted Name) | C. Date of Delivery 1 Attach this card to the back of the mailpiece, 12 - 19 - 11 or on the front if space permits. ID, is delivery address different from item 1 ? O Yes 1. Article Addressed to: If YES, enter delivery address below: . O No Let's Eat Out, IncorporateA DEq | 2I A II: 27 c / o Diana Mahan resistente SLS - CV - 2128 - UTH - LC 534 Russet Bend Dr. N. D. OP EEN MET Birmingham, AL 35244 KW Certified Maile O Priority Mail Express DO Registered O Return Receipt for Merchandise O insured Mail O Collect on Delivery 4. Restricted Delivery ? (Extra Fee) O Yes USKUS 7015 3430 0001 0889 6108 2. Article Number (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE First - Class Mail Postage & Fees Paid L. SO USPS * KEC 17 Permit No. G - 10 - " . SI • Sender: ' Please print your name, address, and ZIP + 4® in this box® Clerk, United States District Court Northern District of Alabama 1729 5 AVRUPA Birminham, AL 3503 5 21 2017U.S. VISINILI LUURT ORTHERN DISTRICT OF ALABAMI \ mtuarit

MOTION for Leave to Appear Pro Hac Vice of Kyle B. Russell by Let's Eat Out, Incorporated.

FILED 2018 Jan-19 PM 02:52 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TIAUNA MOREHOUSE, et al.,)) Plaintiff,)) Case Number: v.) 5:17-CV-02025-UGH-LSC) LET'S EAT OUT, INCORPORATED,)) Defendant.) MOTION TO APPEAR PRO HAC VICE OF KYLE B. RUSSELL Pursuant to the Local Rules, Kyle B. Russell ("Movant") by and through local counsel of record, Thomas A. Davis, moves this Court to allow him to appear pro hac vice as attorney for defendant Lets's Eat Out, Incorporated in the above- captioned case. In support of this Motion, Movant states as follows: 1. Movant is an income principal in the law firm Jackson Lewis P.C. and he is a resident of Johnson County, KS. His residence address is 3509 W. 48th Terrace, Roeland Park, KS 66205 and his office address and telephone numbers are listed in the signature block below. 2. Movant is a member in good standing of the following courts: United States District Court for the District of Kansas and United States District Court for the Western District of Missouri, United States District Court for the Eastern District of Missouri, United States District Court for the Eastern District of Arkansas and United States District Court for the Western District of Arkansas. 3. Movant has never been the subject of disciplinary or other proceedings by any bar association, state or federal court. 4. Movant is not under suspension or disbarment in any bar in which he is a member. 5. Movant requests admission to this Court for the purpose of representing defendant Lets's Eat Out, Incorporated in the above-referenced civil action only. 6. Movant has completed or will complete the Electronic Case Filing Registration. 7. A Certificate of Good Standing from the United States District Court for the District of Kansas is attached hereto as Exhibit A. 8. The $50.00 fee will be paid simultaneously with the submission of this Motion. 9. Movant declares under penalty of perjury under the laws of this state that the statements contained herein are true and correct. 2 Respectfully submitted, /s/ Thomas A. Davis Thomas A. Davis (ASB-5877-S56T) DavisT@jacksonlewis.com JACKSON LEWIS P.C. 800 Shades Creek Parkway, Suite 870 Birmingham, Alabama 35209 Telephone: 205-332-3101 Facsimile: 205-332-3131 Kirsten A. Milton Kirsten.Milton@jacksonlewis.com (Seeking Admission Pro Hac Vice) JACKSON LEWIS, P.C. 150 North Michigan Avenue, Suite 2500 Chicago, Illinois 60601 Telephone: 312-787-4949 Facsimile: 312-787-4995 Kyle B. Russell Kyle.Russell@jacksonlewis.com (Seeking Admission Pro Hac Vice) Joseph M. McGreevy Joseph.McGreevy@jacksonlewis.com (Seeking Admission Pro Hac Vice) JACKSON LEWIS P.C. 7101 College Blvd., Suite 1200 Overland Park, Kansas 66210-2153 Telephone: 913-981-1018 Facsimile: 913-981-1019 ATTORNEYS FOR DEFENDANT 3 CERTIFICATE OF SERVICE I hereby certify that on this the 19th day of January, 2018, a true and correct copy of the foregoing has been served via the Court's CM/ECF filing system, as follows: David A. Hughes, Esq. dhughes@hardinhughes.com HARDIN & HUGHES, LLP 2121 14th Street Tuscaloosa, Alabama 35401 Clif Alexander, Esq. clif@a2xlaw.com Austin W. Anderson, Esq. austin@a2xlaw.com ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 /s/ Thomas A. Davis Counsel of Record 4

Corporate Disclosure Statement by Let's Eat Out, Incorporated. filed by Let's Eat Out, Incorporated

FILED 2018 Jan-23 PM 01:00 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TIAUNA MOREHOUSE,) Individually and on behalf of all) others similarly situated,)) Plaintiff,) Case No. 5:17-cv-02025-UJH-LSC) v.) Jury Trial Demanded) LET'S EAT OUT, INC.,) Collective Action Pursuant to) 29 U.S.C. § 216(b) Defendant.) CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1, undersigned counsel for defendant Let's Eat Out, Incorporated d/b/a Buffalo Wild Wings ("Let's Eat Out" or "Defendant"), hereby certifies the following: 1. Let's Eat Out is privately owned. 2. Let's Eat Out has no parent companies, subsidiaries, or affiliates that have issued shares to the public. 3. There is no publicly-held company owning 10% or more of Let's Eat Out's stock. Respectfully submitted, /s/ Thomas A. Davis Thomas A. Davis (ASB-5877-S56T) DavisT@jacksonlewis.com JACKSON LEWIS P.C. 800 Shades Creek Parkway, Suite 870 Birmingham, Alabama 35209 Telephone: 205-332-3101 Facsimile: 205-332-3131 Kirsten A. Milton Kirsten.Milton@jacksonlewis.com (Seeking Admission Pro Hac Vice) JACKSON LEWIS, P.C. 150 North Michigan Avenue, Suite 2500 Chicago, Illinois 60601 Telephone: 312-787-4949 Facsimile: 312-787-4995 Kyle B. Russell Kyle.Russell@jacksonlewis.com (Seeking Admission Pro Hac Vice) Joseph M. McGreevy Joseph.McGreevy@jacksonlewis.com (Seeking Admission Pro Hac Vice) JACKSON LEWIS P.C. 7101 College Blvd., Suite 1200 Overland Park, Kansas 66210-2153 Telephone: 913-981-1018 Facsimile: 913-981-1019 ATTORNEYS FOR DEFENDANT 2 CERTIFICATE OF SERVICE I hereby certify that on this the 23rd day of January, 2018, a true and correct copy of the foregoing has been served via the Court's CM/ECF filing system, as follows: David A. Hughes, Esq. HARDIN & HUGHES, LLP 2121 14th Street Tuscaloosa, Alabama 35401 dhughes@hardinhughes.com Clif Alexander, Esq. Austin W. Anderson, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 clif@a2xlaw.com austin@a2xlaw.com /s/ Thomas A. Davis Counsel of Record 3

Interested in this case?

Sign up to receive real-time updates
Last full docket sheet refresh: 259 days ago. Refresh now
#
Datesort arrow up
Description
1
12/04/2017
COMPLAINT with jury demand thereon against Let's Eat Out, Incorporated filed by Tiauna Morehouse.(AHI)
2
12/05/2017
NOTICE TO COUNSEL regarding case assigned to unassigned judge; this case has been referred to Judge Coogler until further notice. Please use case number 5:17-CV-2025-UJH-LSC on all subsequent pleadings. (AHI)
3
12/05/2017
NOTICE by Tiauna Morehouse of Filing of Consent to Become Party Plaintiff
1
Exhibit A
1 Attachment
4
12/06/2017
Request for service by certified mail filed by Tiauna Morehouse.
12/12/2017
Filing Fee: Filing fee $ 400, receipt_number 1126-2987416 (B4601085256). related document 1 COMPLAINT with jury demand thereon against Let's Eat Out, Incorporated filed by Tiauna Morehouse.(AHI). Modified on 12/13/2017 (AHI). (Text entry; no document attached.)
5
12/12/2017
Summons Issued by the Clerk and delivered via certified mail for service as to Let's Eat Out, Incorporated. (AHI)
6
12/21/2017
SUMMONS Returned Executed by Tiauna Morehouse. Let's Eat Out, Incorporated served on 12/19/2017, answer due 1/9/2018. (SPT)
7
01/08/2018
MOTION for Extension of Time to Respond to Plaintiff's Complaint by Let's Eat Out, Incorporated.
8
01/09/2018
TEXT ORDER granting 7 Motion for Extension of Time. Signed by Judge L. Scott Coogler on January 9, 2018.
9
01/19/2018
MOTION for Leave to Appear Pro Hac Vice of Kyle B. Russell by Let's Eat Out, Incorporated.
1
Exhibit A - Certificate of Good Standing
1 Attachment
10
01/19/2018
MOTION for Leave to Appear Pro Hac Vice of Joseph M. McGreevy by Let's Eat Out, Incorporated.
1
Exhibit A - Certificate of Good Standing
1 Attachment
01/19/2018
PHV Fee paid: $ 50, receipt number 1126-3009223 (B4601086150). Modified on 1/22/2018 (AHI). (Text entry; no document attached.)
01/19/2018
PHV Fee paid: $ 50, receipt number 1126-3009230 (B4601086151). Modified on 1/22/2018. (Text entry; no document attached.)
11
01/23/2018
ANSWER to 1 Complaint with Jury Demand by Let's Eat Out, Incorporated.
12
01/23/2018
Corporate Disclosure Statement by Let's Eat Out, Incorporated. filed by Let's Eat Out, Incorporated
13
03/26/2018
TEXT ORDER granting 9 Motion for Leave to Appear Pro Hac Vice; granting 10 Motion for Leave to Appear Pro Hac Vice. Signed by Judge L. Scott Coogler on 3/26/2018.
14
04/27/2018
MOTION to Withdraw as Attorney by Let's Eat Out, Incorporated.
15
04/30/2018
TEXT ORDER granting 14 Motion to Withdraw as Attorney. Attorney Joseph M. McGreevy terminated. Signed by Judge L. Scott Coogler on 4/30/2018.
16
10/17/2018
NOTICE TO COUNSEL - This case is being reassigned from Judge Coogler to Judge Liles Burke. Please use case number 5:17-CV-2025-LCB on all subsequent pleadings
Would you like this case removed from DocketBird? Request removal.