On May 15, 2014 the parties participated in a mediation session in an attempt to settle the case, but the negotiations were unsuccessful. After the mediation we amended the complaint to add C.B. Jones as an individual defendant, and the club dropped its independent contractor defense. We are now litigating two issues: (1) whether dancers qualify as exempt creative professionals; and (2) whether the club can claim an offset for tips received by dancers from customers. Following a short discovery period (which ends in September), the parties will file briefs on these issues. We expect the briefing to conclude around Thanksgiving, and the Court to rule on the issues a few months later.
Thank you for your participation, cooperation, and patience. Please feel free to contact us if you have any questions about the case. As always, if you change your contact information, please contact the case clerk, Monica Smith msmith@nka.com, 612- 256-3251