Miller v. Garibaldi's Inc. et al, No. 4:2014cv00007 - Document 116 (S.D. Ga. 2018)

Court Description: ORDER granting in part and denying in part 79 Motion for Summary Judgment; denying 80 Motion for Summary Judgment; denying 86 Motion to Strike. Signed by Judge William T. Moore, Jr on 3/30/18. (jrb)

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Miller v. Garibaldi's Inc. et al Doc. 116 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION JASON MILLER, on his own behalf and all similarly situated individuals, Plaintiff, CASE NO. CV414-CSS' V. GARIBALDI'S INC., a Georgia for-profit corporation; and THE OLDE PINK HOUSE, INC., a Georgia for-profit corporation; Defendants. ORDER Before the Court are Plaintiffs' Motion for Summary Judgment (Doc. 80) and Motion to Strike Affidavit of Delia Mellis (Doc. 86), and Defendant Garibaldi's Inc.'s Motion for Summary Judgment (Doc. 79). For the following reasons, Plaintiffs' motions are DENIED and Defendant's motion is GRANTED IN PART and DENIED IN PART. This case will proceed to trial on the issue of whether unauthorized individuals improperly shared in the tip-pool. In addition. Plaintiffs may recover only the $5.12 per hour claimed as the tip credit, not the value of any tips alleged to be improperly placed in the tip-pool. Dockets.Justia.com

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