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Second Amended Complaint

Second Amended Complaint

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Published by Chris Otts
Second Amended Complaint
Second Amended Complaint

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Published by: Chris Otts on Dec 20, 2013
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1
UNITED STATES DISTRICT COURT  WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
 WILLIAM WHITLOCK, ) DAVID SKYRM, ) JAMES MIDDLETON, ) Case Number: 3:10-cv-00562 KRISTIN MOORE, ) GARY MUNCY, ) MICHAEL BROWN, )
 Electronically filed 
 and ) HOLLY GOODMAN, ) as representatives of a class consisting of all ) individuals who have been employed by FSL ) Management, LLC and/or FSH Management, ) LLC as bartenders, servers or any other tipped ) employment position or any non-management, ) non-tipped position since March 29, 2005 ) ) ) Plaintiffs ) )  v. ) ) FSL MANAGEMENT, LLC ) ENTERTAINMENT CONSULTING ) SERVICES, LLC ) CORDISH OPERATING VENTURES, LLC ) and ) FSH MANAGEMENT, LLC ) ) Defendants )
SECOND AMENDED COMPLAINT
Plaintiff 
s, William “Scott”
 Whitlock, James Middleton, David Skyrm, Kristin Moore, Gary Muncy, Michael Brown, and Holly Goodman, by counsel, file this class action complaint and in support thereof state as follows:
JURISDICTION AND VENUE
Case 3:10-cv-00562-JHM-DW Document 10 Filed 11/03/10 Page 1 of 9 PageID #: 60
 
2 1. Plaintiffs Whitlock, Middleton, Moore, Muncy and Goodman are residents of Louisville, Jefferson County, Kentucky. Plaintiff Skyrm is a resident of Jeffersonville, Clark County, Indiana. Plaintiff Brown is a resident of Clarksville, Clark County, Indiana. 2. Defendant FSL Management, LLC is a foreign corporation with its principal office in Baltimore, Maryland. FSL Management, LLC owns and operates the nightclubs known as Tengo sed Cantina located at 432B South 4
th
 Street,
Louisville, Kentucky and Angel’s Rock Bar located at 432 South 4
th
 Street, Louisville, Kentucky. Upon information and belief, FSL Management, LLC is a division of or is managed by Entertainment Consulting Services, LLC. 3. Defendant FSH Management LLC is a Kentucky corporation with its principal office located in Louisville, Jefferson County, Kentucky. FSH Management, LLC owns and operates the nightclub known as Hotel located at 410 South 4
th
 Street, Louisville, Kentucky. Upon information and belief, FSH Management, LLC is division of or is managed by Entertainment Consulting Services, LLC. 4. Defendant Entertainment Consulting Services, LLC is a foreign corporation that is not registered to do business in Kentucky. Upon information and belief, Entertainment Consulting Services, LLC manages the nightclubs owned by FSL Management, LLC and FSH Management, LLC. 5. Defendant Cordish Operating Ventures is a foreign corporation that, upon information and belief, manages or is otherwise related to FSH Management, LLC and FSL Management, LLC. 6. Plaintiffs Whitlock, Skyrm and Middleton were employed by FSL Management at Tengo sed Cantina in Louisville, Kentucky. All decisions regarding their employment with FSL Management, LLC were made in Louisville, Kentucky, thus  jurisdiction and venue are proper. 7. Plaintiffs Moore and Muncy were
employed by FSL Management at Angel’s Rock
Bar in Louisville, Kentucky. All decisions regarding their employment were made in Louisville, Kentucky, thus jurisdiction and venue are proper. 8. Plaintiffs Brown, Muncy and Goodman were employed by FSH Management at Hotel nightclub in Louisville, Kentucky. All decisions regarding their employment were made in Louisville, Kentucky, thus jurisdiction and venue are proper.
FACTS
 9. The named Plaintiffs were employees as that term is defined by KRS 337.010(1)(e). 10. Defendants are employers as that term is defined by KRS 337.010(1)(d).
Case 3:10-cv-00562-JHM-DW Document 10 Filed 11/03/10 Page 2 of 9 PageID #: 61
 
3
 WILLIAM SCOTT WHITLOCK
11. Whitlock was employed by FSL Management as a bartender at the Tengo sed Cantina nightclub from October 2007 until his termination on or about November 28, 2009. 12.
Throughout Whitlock’s employment, he was told he was paid $2.13 per hour plus
tips. 13. Whitlock was required to pool his tips with those of other tipped employees and  was paid a share of the tip pool. This tip pooling was not voluntary. 14. Whitlock was required to give a minimum of 20% of his share of the tip pool to non-tipped employees working the same shift. 15. Throughout his employment, Whitlock was required to engage in work duties for
Defendants’ benefit for which
 he was not compensated. 16. On or about November 28, 2009, all employees of four nightclubs managed by FSL Management, LLC, FSH Management, LLC and/or Entertainment Consulting Services
, LLC (Hotel, Angel’s Rock Bar, Tengo sed Cantina and Sport
& Social Club) were required to attend a staff meeting. Approximately 120 people attended the meeting. 17. At the meeting, Jake Miller, a regional manager employed by FSL Management LLC, FSH Management, LLC, and/or Entertainment Consulting Services, LLC called seven individuals to the front of the room, including Whitlock. 18. Miller told the seven individuals at the front of the room that he had documentation that they stole money from the nightclubs at which they worked and would not be prosecuted if they left imme
diately. Miller’s statement was
loud enough for all those attending the meeting to hear it. 19.
Miller’s factual statement was untrue in that Whitlock has never engaged in theft
from FSL Management, LLC, Entertainment Consulting Services, LLC or Cordish Operating Ventures. 20.
Miller’s statement that Whitlock engaged in theft from FSL Management was
publicized to third parties to whom no qualified or absolute privilege applies. 21.
Miller’s statement was untrue at the time it was made and Miller knew or
should have known that the statement was untrue. 22.
Miller’s statement diminished Whitlock’s reputation in the community in that it
accused Whitlock of engaging in a criminal act and related to his employment.
Case 3:10-cv-00562-JHM-DW Document 10 Filed 11/03/10 Page 3 of 9 PageID #: 62

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