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Thio v. Genji, LLC

United States District Court, N.D. California, San Francisco Division

August 7, 2014

NEN THIO, TJU TJIN LIEM and DENNY WIJAYA, individually and on behalf of all others similarly situated, Plaintiffs,
v.
GENJI, LLC, GENJI RETAIL SUPPORT, INC., GENJI, INC. and Doe 1 through and including Doe 10, Defendants

Page 1325

[Copyrighted Material Omitted]

Page 1326

For Nen Thio, Tju Tjin Liem, Denny Wijaya, individually and on behalf of all others similarly situated, Plaintiffs: Alan Dale Harris, LEAD ATTORNEY, Harris & Ruble, Los Angeles, CA; David S. Harris, North Bay Law Group, Mill Valley, CA.

For Genji, LLC, Genji Retail Support, Inc, Genji, Inc, Defendants: Marlene S. Muraco, LEAD ATTORNEY, Littler Mendelson, San Jose, Ca; Elisa Nadeau, Littler Mendelson, PC, San Jose, CA.

OPINION

Page 1327

Nathanael M. Cousins, United States Magistrate Judge.

ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT

Re: Dkt. No. 37

Plaintiffs move for preliminary approval of the settlement of this putative class action and collective action. Because plaintiffs have made a sufficient showing for the purposes of preliminary approval, the Court grants their motion. The Court also conditionally certifies a class action and a collective action for purposes of the settlement and approves the proposed notice to the class.

I. BACKGROUND

A. Plaintiffs' Allegations

Plaintiffs Nen Thio, Tju Tjin Liem, and Denny Wijaya are individuals who were employed by defendants Genji, Inc., Genji Retail Support, Inc., and/or Genji LLC (collectively, " Genji" ). Dkt. No. 5-1 ¶ 1. Genji is a retail provider of sushi and Japanese cuisine. Id. ¶ 5. Genji sells its sushi and Japanese cuisine through supermarket sushi bars at Whole Foods Markets in the State of California and elsewhere throughout the country. Id. At the Whole Foods stores, Genji employs Sushi Chefs which are referred to by Genji as Sushi Team Members. Id. ¶ 15; Dkt. No. 38 ¶ 3. One of the Sushi Chefs also works in the capacity of an in-store " manager," also referred to as Sushi Team Leader or Store Team Leader. Dkt. Nos. 5-1 ¶ 6, 10; 38 ¶ ¶ 4-6. The Sushi Team Leader has some minimal managerial responsibilities and was historically paid a salary rather than hourly wage. Id.

Plaintiff Nen Thio worked for Genji from May 2010 through March 2012. Dkt. No. 5-1 ¶ 6. As a Genji employee, Thio worked as both a Sushi Chef and a Sushi Team Leader at various Whole Foods Markets throughout the San Francisco Bay Area, preparing and selling sushi and other Japanese cuisine. Id. In addition to making sushi for sale, Thio and his fellow employees would cook and clean their designated area within the store. Id. ΒΆ 7. In his capacity as a Sushi Chef, Thio ...


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