United States District Court, W.D. Kentucky, Louisville Division
GLORIA TASSY, individually and on behalf of all similarly situated, PLAINTIFF,
LINDSAY ENTERTAINMENT ENTERPRISES, INC., DEFENDANT.
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge United States District Court
matter is before the Court on the motion of Plaintiff Gloria
Tassy, individually and on behalf of all other
similarly-situated persons, to compel discovery. [DN 47.]
Defendant Lindsay Entertainment Enterprises, Inc. responded,
[DN 50], and Plaintiff replied, [DN 52.] For the reasons
discussed in detail below, Plaintiff's motion is
GRANTED IN PART AND DENIED IN PART.
Additionally, the parties SHALL advise the
Court, by Friday, April 13, 2018
whether any additional discovery is requested in light of the
upcoming evidentiary hearing.
AND PROCEDURAL BACKGROUND
Tassy, individually and on behalf of all other
similarly-situated persons, filed this action against Lindsay
Entertainment Enterprises, Inc. in an effort to recover
unpaid minimum wages required by the Fair Labor Standards Act
of 1938. Lindsay Entertainment Enterprises, Inc. operates The
Godfather, a gentleman's club in Louisville, Kentucky. R.
1 at 1, ¶¶ 1-2 (Complaint). The Godfather employees
a number people, including “wait staff, bartenders,
security personnel and kitchen staff, ” to provide
food, drink, and music to its patrons “in an adult
setting.” R. 9-2 at 1, ¶ 2 (Lindsay's
Declaration); see also R. 1 at 3, ¶¶ 27-28. The
“main attraction” at The Godfather, though,
remains its many “dancers, ” R. 1 at 3, ¶
29, among them Gloria “Mia” Tassy, id.
at 1, ¶¶ 1-3.
worked as a dancer at The Godfather from May 2014 to January
2016. Id. During that time, she says, Lindsay
Entertainment Enterprises never paid her a “direct
wage.” Id., ¶ 5. Instead, she and other
dancers worked for tips, id., ¶ 6, less Lindsay
Entertainment Enterprises' cut, id. at 1, 4,
¶¶ 7, 35.
Tassy considered herself to be an employee at The Godfather,
see Id. at 2, ¶ 16, Lindsay Entertainment
Enterprises classified her and other dancers as independent
contractors, see R. 9-2 at 1, ¶ 3. According to
Douglas “Scott” Lindsay, the President and Chief
Executive Officer of Lindsay Entertainment Enterprises,
id., ¶ 1, dancers “lease” space at
The Godfather “to offer personal dances, entertainment
and personal conversations to individual customers, ”
id., ¶ 3. In exchange for that access, dancers
pay a fee to Lindsay Entertainment Enterprises. Id.
Entertainment Enterprises requires, without exception, all
dancers to sign a preprinted Entertainment Lease to that
effect. See Id. at 2, ¶ 4. The Entertainment
Lease includes, in pertinent part, the following provision:
EXCEPT FOR ANY ADMINISTRATIVE PROCEEDINGS THAT ARE
NOT LEGALLY BARRED BY THIS PARAGRAPH, ANY CONTROVERSY,
DISPUTE, OR CLAIM ARISING OUT OF THIS LEASE OR RELATING IN
ANY WAY TO ENTERTAINER PERFORMING AND/OR WORKING AT THE CLUB
AT ANY TIME (IN THIS PARAGRAPH 21, COLLECTIVELY
“CLAIM”), WHETHER CONTRACTUAL, IN TORT, OR BASED
UPON COMMON LAW OR STATUTE, SHALL BE EXCLUSIVELY DECIDED BY
BINDING ARBITRATION HELD PURSUANT TO THE FEDERAL
ARBITRATION ACT (THE “F.A.A.”). . . . THE
PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CLAIMS IN A COURT OF
LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. . .
ENTERTAINER AND THE CLUB AGREE THAT ANY AND ALL
CLAIMS SHALL BE BROUGHT AND MAINTAINED INDIVIDUALLY; THAT
THEY WILL NOT CONSOLIDATE THEIR CLAIMS WITH THOSE OF ANY
OTHER PERSON OR ENTITY, THAT THEY WILL NOT SEEK CLASS OR
COLLECTIVE ACTION TREATMENT FOR ANY CLAIM; AND THAT THEY WILL
NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST THE
Id. at 7, ¶ 21.A-B (Entertainment Lease).
“If [a dancer] does not want to agree” to the
Entertainment Lease, Scott Lindsay says, “she is free
to do so, but she is not allowed to provide personal
entertainment at [The Godfather].” Id. at 2,
¶ 5; see also R. 13-1 at 1-2, ¶ 3
brought a motion to stay the proceedings pending arbitration
pursuant to the parties' written agreement and the
Federal Arbitration Act (FAA), 9 U.S.C. § 3. [DN 9.] The
Court determined, however, that it is unclear whether Tassy
signed a copy of the Entertainment Lease during her time at
The Godfather. Scott Lindsay and Tammy Sloss, a waitress (and
former dancer), claim to have witnessed her sign the
Entertainment Lease, see R. 9-2 at 2, ¶ 5; R.
13-1 at 1-2, ¶¶ 1-2, 5, but Tassy has denied ever
seeing or receiving a copy of the Entertainment Lease prior
to bringing this action, see R. 17-1 at 3,
¶¶ 22-24 (Tassy's Declaration). Lindsay
Entertainment Enterprises concedes its inability to produce
an executed copy. See R. 13 at 4 (Reply in Support
of Motion for Stay Pending Arbitration).
in an opinion issued July 8, 2016, the Court held that
“Viewing the sparse record in the light most favorable
to Tassy, the Court finds a genuine dispute of material fact
concerning whether Tassy manifested her assent to the
Entertainment Lease and its arbitration provision.
Accordingly, the Court must conduct an evidentiary hearing
before resolving Lindsay Entertainment Enterprises'
motion.” [DN 24 at 6 (July 8, 2016 Memorandum Opinion
in mind statute of limitations issues, however, on March 9,
2017, the Court proceeded to grant in part and deny in part
Tassy's motion for conditional certification, [DN 5.]
Specifically, the Court held that the proposed collective
FLSA class is CONDITIONALLY CERTIFIED as:
All current and former Entertainers/Exotic Dancers who worked
for Lindsay Entertainment Enterprises, Inc., d/b/a The
Godfather, from February 10, 2013 to the present who were
classified as independent contractors, worked for tips only,
and, as ...