Lance Green and Anderson Khalid v. Perry's Restaurants Ltd. and Perry's Steakhouse of Colorado, LLC

Summary

The United States District Court for the District of Colorado grants Plaintiffs’ motion to enforce and clarify the class certification and notice order in an employment wage dispute. The Court modifies the Colorado Class definition to include servers who worked for Perry’s in Colorado in at least one week since January 5, 2018, and orders Plaintiffs to submit amended class notices for approval.

Holdings

1. The ambiguous class definition should be interpreted to include individuals who worked as servers at Perry's in Colorado in at least one week since January 5, 2018, including individuals who began working after January 5, 2021.
2. A court may modify an ambiguous Rule 23 class definition before final judgment to eliminate ambiguity and ensure that class members receive accurate notice.

Questions Presented

1. Whether the court should clarify the temporal scope of the certified Colorado Rule 23 class.
2. Whether the court could modify the class definition and require amended class notices before final judgment.
3. Whether the class should include all individuals who worked as servers at Perry's in Colorado in at least one week since January 5, 2018, rather than only those who worked between January 5, 2018 and January 5, 2021.

Disposition

other