UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

AMANDA BUCHANAN and BRANDI 

SANDERSON, on behalf of themselves and all 

other Plaintiffs similarly situated known and 

unknown

 

 Plaintiffs,

v.

GOOD EATS RESTAURANT GROUP, 

URBAN BURGER BAR LLC, SONO WOODFIRED LLC, and JOHN D. MCLEAN, 

individually

 Defendants.

______________________________________

GOOD EATS RESTAURANT GROUP, 

URBAN BURGER BAR LLC, SONO WOODFIRED LLC, and JOHN D. MCLEAN, 

individually, 

 Third-Party Plaintiff, 

v. 

PAYCOR, INC.

 Third-Party Defendant

No. 12 CV 03501

Judge Feinerman

Magistrate Judge Kim

GOOD EATS RESTAURANT GROUP, URBAN BURGER BAR LLC, 

SONO WOOD-FIRED LLC, AND JOHN D. MCLEAN’S

THIRD-PARTY COMPLAINT FOR CONTRIBUTION

Defendants, GOOD EATS RESTAURANT GROUP, URBAN BURGER BAR LLC, 

SONO WOOD-FIRED LLC, and JOHN D. MCLEAN, individually, by and through Mark A. 

LaRose, Brian R. Kusper, and Andrew T. Sperry, and for its Third-Party Complaint for 

Contribution against the Third-Party Defendant PAYCOR, INC. state as follows:
2

1. On May 10, 2012, Plaintiffs Amanda Buchanan and Brandi Sanderson filed their 

Amended Class Action Complaint against Defendants Good Eats Restaurant Group, Urban 

Burger Bar LLC, Sono Wood-Fired LLC, and John D. McLean, individually, seeking recovery 

and relief for alleged violations of the Fair Labor Standards Act (“FLSA”) and the Illinois 

Minimum Wage Law (“IMWL”). Buchanan and Sanderson alleged that Defendants failed to pay 

applicable minimum wages due to Plaintiffs and members of the alleged Plaintiff Class for all 

time worked. 

2. On June 19, 2012, Defendants filed their Answer thereto and denied all material 

allegations in the Amended Complaint. Defendants continue to deny such allegations.

3. This Third-Party Complaint is being brought pursuant to Federal Rule of Civil 

Procedure 14(a) and seeks contribution from Third-Party Defendant PAYCOR, INC. (“Paycor”).

4. This Court has supplemental jurisdiction over Defendants’/Third-Party Plaintiffs’ 

claims against Paycor pursuant to 28 U.S.C. § 1367.

5. Paycor is a Delaware corporation that provided payroll and payroll related 

services to Defendants/Third-Party Plaintiffs. Paycor provided this service to Defendants/ThirdParty Plaintiffs at all times material to the events at issue in Plaintiffs’ Amended Complaint. 

6. Paycor was aware of state and federal minimum wage law requirements under the 

FLSA and IMWL. 

7. Good Eats Restaurant Group, Urban Burger Bar LLC, and Sono Wood-Fired 

LLC (“Company Defendants/Third-Party Plaintiffs”) paid Paycor on a bi-weekly basis in the 

amount of $152.84 in exchange for Paycor’s performance of all payroll and payroll related 

services. 
3

8. Paycor had a duty to Company Defendants/Third-Party Plaintiffs to issue wages 

to their employees in accordance with state and federal minimum wage law requirements. 

9. For a period of time material to the events at issue in Plaintiffs’ Complaint, 

Paycor breached its duty to Company Defendants/Third-Party Plaintiffs by issuing paychecks to 

some of Company Defendants’/Third-Party Plaintiffs’ tipped employees at a wage rate of $4.25 

per hour worked. 

10. To the extent that the Court finds that Company Defendants/Third-Party 

Plaintiffs are in violation of the FLSA or IMWL, any damages or injuries suffered by Plaintiffs 

or any class of persons are the direct and proximate result of Paycor’s breach of its duty to 

Company Defendants/Third-Party Plaintiffs. 

11. If it is found that the Plaintiffs and/or any class of persons is entitled to recover 

against Company Defendants/Third-Party Plaintiffs, then Company Defendants/Third-Party 

Plaintiffs are entitled to contribution from Paycor in the amount equal to Paycor’s proportionate 

share of liability pursuant to Federal Rule of Civil Procedure 14(a). 

12. In Defendants’/Third-Party Plaintiffs’ Answer to Plaintiffs’ Amended Complaint, 

Defendants/Third-Party Plaintiffs have denied all allegations that Defendant/Third-Party Plaintiff 

John McLean was an “employer” to Plaintiffs or any class of persons as defined by the FLSA or 

IMWL, and Defendants/Third-Party Plaintiffs continue to deny that Defendant/Third-Party 

Plaintiff John McLean is individually liable under either statute. 

13. To the extent that this Court finds that Defendant/Third-Party Plaintiff John 

McLean is an “employer” under the FLSA and IMWL, Paycor had a duty to Defendant/ThirdParty Plaintiff John McLean to issue wages to his employees in accordance with state and federal 

minimum wage law requirements.
4

14. To the extent that this Court finds that Defendant/Third-Party Plaintiff John 

McLean is an “employer” under the FLSA and IMWL, Paycor breached its duty to 

Defendant/Third-Party Plaintiff John McLean by issuing paychecks to some of his tipped 

employees at a wage rate of $4.25 per hour worked for a period of time material to the events at 

issue in Plaintiffs’ Complaint.

15. To the extent that this Court finds that Defendant/Third-Party Plaintiff John 

McLean is an “employer” under the FLSA and IMWL and to the extent that the Court finds 

Defendant/Third-Party Plaintiff John McLean in violation of the FLSA or IMWL, any damages 

or injuries suffered by Plaintiffs or any class of persons are the direct and proximate result of 

Paycor’s breach of its duty to Defendant/Third-Party Plaintiff John McLean. 

16. If it is found that the Plaintiffs and/or any class of persons is entitled to recover 

against Defendant/Third-Party Plaintiff John McLean individually, then Defendant/Third-Party 

Plaintiff John McLean is entitled to contribution from Paycor in the amount equal to Paycor’s 

proportionate share of liability pursuant to Federal Rule of Civil Procedure 14(a).

Wherefore, Defendants/Third-Party Plaintiffs GOOD EATS RESTAURANT GROUP, 

URBAN BURGER BAR LLC, SONO WOOD-FIRED LLC, and JOHN D. MCLEAN, 

individually, pray that if they are found liable to the Plaintiffs or any class of persons for any 

damages pursuant to Plaintiffs’ Amended Complaint, then Defendants/Third-Party Plaintiffs are 

entitled to contribution from Third-Party Defendant PAYCOR, INC. in an amount equal to 

Paycor’s pro rata share of liability.
5

Dated: July 3, 2012 Respectfully submitted, 

Mark A. LaRose GOOD EATS RESTAURANT GROUP, 

Brian R. Kusper URBAN BURGER BAR LLC, SONO 

Andrew T. Sperry WOOD-FIRED LLC, and JOHN D. 

LAROSE & BOSCO, Ltd. (atty # 37346) MCLEAN, individually

200 N. LaSalle Street, Suite 2810

Chicago, IL 60601 By: /s/ Mark A. LaRose______________

Telephone: (312) 642-4414 Attorney for Defendants/Third-Party 

Plaintiffs
6

CERTIFICATE OF SERVICE

I, Mark A. LaRose, an attorney, certify that I caused the following document 

THIRD-PARTY COMPLAINT FOR CONTRIBUTION

to be served upon the attorneys listed below by electronically filing the same this 3

rd day of July, 

2012.

TO: Mr. Marc J. Siegel, #06238100

Mr. Bradley Manewith, #06280535

Caffarelli & Siegel Ltd.

Two Prudential Plaza

180 North Stetson Ste. 3150

Chicago, IL 60601

Mr. Matthew D. Lango (ARDC No. 6286673)

Hayes Lango LLP

4256 N. Ravenswood Ave. Suite 217

Chicago, IL 60613

lango@hayes-lango.com

/s/ Mark A. LaRose_________________

Mark A. LaRose 

Mark A. LaRose

Brian R. Kusper

Andrew T. Sperry

LaRose & Bosco, Ltd.

200 N. LaSalle Street, Suite 2810

Chicago, IL 60601

(312) 642-4414

Fax: (312) 642-0434