EAST ST. LOUIS - Lawyers anxious to notify exotic dancers about a class action wage claim against Miss Kitty’s club in Washington Park can’t find them and the club claims it can’t help.
Its counsel Mark Peebles of Belleville recommended on Sept. 18 that they check other clubs.
“The dancers who rent stage time at the club are a transient group," Peebles wrote.
“If they are able to provide proof of legal age and pay a stage rental fee, they are able to dance and accept tips from patrons who attend the club for entertainment.
“They have never been employees of the club.
“The dancers can most accurately be compared to hair stylists at a salon who rent space to earn money for haircuts.
“The names provided are usually stage names."
Former dancer Isis Jones sued Miss Kitty’s last year, claiming it classified employees as contractors in violation of the state’s wage collection and minimum wage laws.
Her counsel Athena Herman of Peoria claimed Miss Kitty’s took a kickback by charging performers $40 per day shift and $50 per night shift for stage rental.
She claimed Miss Kitty’s commonly failed to pay for hours worked.
She asserted entitlement to recovery of wages plus damages and other relief.
She claimed the class period for wage collection violations started in 2013 and the period for minimum wage violations started in 2020, with both periods ending at final judgment.
She moved for class certification in January and Peebles didn’t respond.
Herman moved to certify the class in February, claiming Peebles didn’t attempt to contact her or the court to request additional time.
U.S. Magistrate Judge Mark Beatty granted certification in June, concluding that Peebles essentially consented to it.
Herman moved for sanctions on Aug. 12, claiming Miss Kitty’s destroyed information that would have identified class members.
At a hearing on Aug. 15, Beatty encouraged Peebles to determine what information was available so the court could determine the best method for dissemination of the class notice.
He reminded Peebles of his deadline to respond to the motion for sanctions.
Peebles didn’t respond and on Sept. 4 Beatty gave him two weeks to respond to the motion and explain why he didn’t respond on time.
He resolved both problems in a page and a half.
He wrote that he mistakenly believed the response time was 21 days and not 14 days.
He wrote that the failure was in no way the fault of Miss Kitty’s and he took full responsibility.
He wrote that Miss Kitty’s produced eight names, phone numbers, and identification cards.
He wrote that Miss Kitty’s provided two sign up sheets containing 29 names presumed to be stage names of dancers on Sept. 13 and Sept. 14.
He wrote that Miss Kitty’s didn’t purposely destroy any materials which would aid Jones in identifying potential class members.
He wrote that Gail Allen took over operations at Miss Kitty's in 2022. Her deceased son managed the club and removed all records after he left.
He wrote that some dancers who rent stage time at Miss Kitty's dance at other clubs. Some dance once or twice at Miss Kitty's and move on.
He wrote that some come to the club to earn money for a big purchase or pay off a bill.
"Those individuals come and go,” he wrote.
“The club does not keep records of everyone who rents stage time.
“Perhaps the best method to discover if there are in fact persons who would be potential class members is to post a notice for dancers to see at the various clubs and invite them to respond to plaintiff’s counsel if they danced at Miss Kitty's during the relevant time.”
He wrote that Miss Kitty’s manager was available for deposition at any convenient time.
Beatty has set a conference Oct. 3.