Brandenburg v. Cousin Vinny's Pizza, LLC et al, No. 3:2016cv00516 - Document 169 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY SUSTAINING MOTION TO CERTIFY A CLASS ACTION PURSUANT TO FED. R. CIV. P. 23, DESIGNATING THOMAS BRANDENBURG AS THE REPRESENTATIVE OF THECLASS, AFFIRMING SELECTION OF CLASS COUNSEL AND AUTHORIZING NOTICE TO CLASS MEMBERS FOR MAIL AND EMAIL DELIVERY AS SET FORTH HEREIN (DOC. # 162 );OVERRULING DEFENDANTS' MOTION TO DISMISS COUNT III (DOC. # 165 )- For the foregoing reasons, Plaintiff's Motion to Certify a Rule 23 Class Action is SUSTAINED, Doc. # 162, and Defendants 9; Motion to Dismiss Count III, Doc. # 165 , is OVERRULED. Additionally, the Court orders the following: 1. Plaintiff Thomas Brandenburg is designated as the Representative of the class; 2. Andrew Biller and Andrew Kimble, of Markovits, Stock & DeMar co, LLC, are approved as lead counsel for the class; and 3. Notice, as set forth in Doc. # 162 -45, is approved and may be transmitted at Plaintiff's cost to putative members via electronic mail and first-class U.S. mail with a follow up notice to be sent via text message if the mailing is returned. If the individual is still unable to be located, then the name is to be run through a database to obtain an address. Signed by Judge Walter H. Rice on 11/5/18. (kma)