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Galleher v. Artisanal, LLC

United States District Court, W.D. North Carolina, Asheville Division

October 31, 2019

ASHLEY GALLEHER, on behalf of herself and all others similarly situated, Plaintiff,
v.
ARTISANAL, LLC, and BILL GREENE, Defendants.

          ORDER

          W. Carleton Metcalf, United States Magistrate Judge.

         This matter is before the Court on Plaintiff's Motion to Conditionally Certify a Collective Action and Facilitate Notice Under 29 U.S.C. §216(b) (Doc. 14) (“Motion for Conditional Certification”), which has been referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B).

         I. Relevant Procedural Background

         Plaintiff filed her Complaint on February 18, 2019 (Doc. 1). Defendants answered on June 14, 2019 (Doc. 10).

         A Certification of Initial Attorneys' Conference was filed on July 9, 2019 (Doc. 12).

         Plaintiff filed her Motion for Conditional Certification, a supporting memorandum, and a declaration on July 31, 2019. (Docs. 14, 15). Defendants responded and Plaintiff replied. (Docs. 16, 17).

         II. Factual Background

         Plaintiff alleges as follows:

         Defendant Artisanal, LLC (“Artisanal”) is a North Carolina company with its principal place of business in Banner Elk. Pl.'s Compl. (“Complaint”) (Doc. 1) at ¶ 6.

         Defendant Bill Greene is an owner, member and/or officer of Artisanal. Complaint at ¶ 7.

         Artisanal owns and operates fine dining establishments in Banner Elk and Charlotte, North Carolina. Declaration of Ashley Galleher (“Declaration”) (Doc 15-1) at ¶ 3.

         Artisanal's restaurant in Banner Elk (“Restaurant”) operates seasonally, from May through October of each year. Declaration at ¶ 3.

         Plaintiff was employed at the Restaurant from July 2017 until June 2018. Complaint at ¶ 5. She was hired by Defendants as a server and worked during her employment as both a bartender and a server until resigning to pursue other employment. Declaration at ¶ 4.

         While she was employed at the Restaurant, Plaintiff was paid bi-weekly at the hourly rate of $2.13 per hour. Her primary compensation, however, was through gratuities. Other employees, including bussers, hosts/hostesses, and food runners/expediters, were paid in a ...


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