Muy Pizza

Case Information:

This is a Fair Labor Standards Act (FLSA) case brought by Ernest Scott and Evan Monacelli (“Plaintiffs”) on behalf of Pizza Hut delivery drivers in both Texas and Minnesota employed by Muy Pizza-Tejas, LLC or Muy Pizza Minnesota, LLC (“Muy Pizza”).  Plaintiffs contend that they and other delivery drivers are owed money because un-reimbursed automobile expenses brought their hourly pay below minimum wage.  The lawsuit requests lost wages, liquidated (double) damages, injunctive relief, and attorneys’ fees.  Read the Complaint here.

On April 4, 2019, Judge Orlando Garcia granted the Parties’ Agreed Motion for Conditional Certification, ordering that notice of this lawsuit be sent out to all current and former pizza delivery drivers employed by Muy Pizza within the past 3 years.  You can view the Court-approved notice here and the Consent Form here.   Class members will have until June 25, 2019 to return their consent forms.


Status Updates

April 4, 2019-Court Approves Conditional Class Certification.

On April 4, 2019, the Court approved the parties’ Stipulation of Conditional Class Certification.  You can read the Order here.  The Court approved the Notice and Consent Form and ordered that we send the Notice and Consent Form to all individuals who worked as pizza delivery drivers for Muy Pizza at any time after November 14, 2015.  The Court also approved a Text Message Notice and a Social Media Notice to be delivered to all class members.  We plan to send out notice as soon as we have all necessary information, which we expect to have within the next 7 days.  Any class members interested in joining the case will need to return the Consent Form within sixty days from the date the notices were mailed.

April 3, 2019-Agreed Motion for Approval of Conditional Certification Filed

On April 3, 2019, Plaintiffs and Defendant filed an agreed motion for conditional class certification and for judicially supervised notice.  In the Motion, which you can read here, Plaintiffs asked the court to certify a class of pizza delivery drivers who worked for MUY Pizza-Tejas, LLC or MUY Pizza Minnesota, LLC (“Muy Pizza”).  Plaintiffs claim that Muy Pizza’s drivers had unreimbursed automobile expenses that caused their hourly rate to drop below minimum wage.  The parties agreed to define the class as all current and former delivery drivers employed by Muy Pizza at any time after November 14, 2015.  The parties also agreed that Plaintiffs’ lawyers must send a notice of the lawsuit and consent to join to each potential class member by U.S. mail and by email. Plaintiff’s lawyers may also send an abbreviated text message notice that refers class members to a website containing the notice and consent to join.  Further, Plaintiffs’ lawyers may also send notice via social media.  Finally, the parties requested that the class members be permitted to sign their consent forms using an electronic signature.


November 14, 2018-Complaint Filed

Read the Complaint here.