1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

RONALD CLARK, on behalf of himself and those 

similarly situated,

Case No. 2:18-cv-157

Plaintiff,

v. Judge Algenon L. Marbley

Magistrate Judge Elizabeth Preston 

Deavers

PRECISION PIZZA LLC; PIZZA BAKER, INC.; 

DOMINO’S PIZZA, INC.; DOMINO’S PIZZA, 

LLC; DOMINO’S PIZZA FRANCHISING, LLC; 

CHRISTOPHER BAKER and LISA M. 

BURKETT,

Defendants.

DEFENDANTS PRECISION PIZZA LLC AND LISA M. BURKETT’S MOTION TO 

JOIN THE DOMINO’S DEFENDANTS’ MOTION TO STAY BRIEFING ON 

PLAINTIFF’S CONDITIONAL CERTIFICATION MOTION OR, IN THE 

ALTERNATIVE, FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S 

MOTION

Defendants Precision Pizza LLC and Lisa M. Burkett (the “Precision Pizza Defendants”), 

by and through their undersigned counsel, respectfully file this motion to join the Domino’s 

Defendants’ Motion to Stay Briefing on Plaintiff’s Motion to Send Notice to Similarly Situated 

Employees (“Conditional Certification Motion”), or, in the Alternative, for an Extenstion of 

Time to Respond to Plaintiff’s Conditional Certification Motion. (ECF No. 32.)

The Precision Pizza Defendants join the Domino’s Defendants’ Motion in all material 

respects and adopt in full the arguments set forth in the Domino Defendants’ Motion. Those 

arguments generally apply equally to the Precision Pizza Defendants’ pending motion to dismiss. 

(ECF No. 24.) In joining the Domino’s Defendants’ Motion, the Precision Pizza Defendants 

request relief identical to the Domino’s Defendants: that the Court stay briefing on Plaintiff’s 

Case: 2:18-cv-00157-ALM-EPD Doc #: 34 Filed: 05/02/18 Page: 1 of 4 PAGEID #: 570
2

Conditional Certification Motion until the resolution of the pending motions to dismiss, or an 

extension of through and including May 25, 2018 to file their opposition to Plaintiff’s 

Conditional Certification Motion. 

As explained more fully in the Domino’s Defendants’ Motion (ECF No. 32 at ¶¶ 11–12), 

counsel for all defendants were copied on an e-mail to Plaintiff’s counsel in which the Domino’s 

Defendants attempted to confer with Plaintiff’s counsel on behalf of all defendants pursuant to 

S.D. Ohio Civ. R. 7.3(a). Plaintiff’s counsel refused to consent to a stay of briefing on his 

Conditional Certification Motion, and would only consider providing defendants a short 

extension if defendants agreed to waive an affirmative defense.

For the reasons set forth above, and for the reasons detailed in the Domino’s Defendants’ 

Motion, which the Precision Pizza Defendants fully adopt and incorporate by reference herein, 

the Court should grant the Precision Pizza Defendants’ Motion to Stay Briefing on Plaintiff’s 

Conditional Certification Motion. Alternatively, the Precision Pizza Defendants respectfully 

submit that the Court should grant the Precision Pizza Defendants through and including May 

25, 2018 to oppose Plaintiff’s Class Certification Motion.

Respectfully submitted,

/s/ Michael J. Ball

Michael J. Ball (0084150) (Trial Attorney)

Jocelyn M. Hoffman (0092365)

VORYS, SATER, SEYMOUR AND PEASE, LLP

52 East Gay St.

Columbus, Ohio 43215

Telephone: (614) 464-5625

Facsimile: (614) 719-5297

mjball@vorys.com

jmhoffman@vorys.com

Counsel for Defendants Precision Pizza LLC 

and Lisa M. Burkett

Case: 2:18-cv-00157-ALM-EPD Doc #: 34 Filed: 05/02/18 Page: 2 of 4 PAGEID #: 571
3

Dated: May 2, 2018

Case: 2:18-cv-00157-ALM-EPD Doc #: 34 Filed: 05/02/18 Page: 3 of 4 PAGEID #: 572
4

CERTIFICATE OF SERVICE

This is to certify that on May 2, 2018, the foregoing Motion to Join the Domino’s 

Defendants’ Motion to Stay Briefing on Plaintiff’s Conditional Certification Motion, or, in the 

Alternative, for an Extension of Time to Respond, was filed with the Clerk of the Court using the 

CM/ECF system, which shall electronically send notification of this filing to all participants and 

counsel of record.

/s/ Michael J. Ball __________

Michael J. Ball (0084150)

Counsel for Defendants Precision Pizza 

LLC and Lisa M. Burkett

Case: 2:18-cv-00157-ALM-EPD Doc #: 34 Filed: 05/02/18 Page: 4 of 4 PAGEID #: 573