TYAD, INCORPORATED, A MONTANA CORPORATION, d/b/a THE PLAYGROUND LOUNGE AND CASINO Petitioner
INDEPENDENT CONTRACTOR CENTRAL UNIT Respondent.
Submitted: May 5, 2005
ORDERDENYING MOTION FOR RECONSIDERATION
Following a decision determining that exotic dancers at The
Playground Lounge and Casino in Great Falls were employees,
TYAD, Incorporated, which owns and operates the Playground,
moved for reconsideration and to amend the Court's
Findings of Fact, Conclusions of Law and Judgment. It urges
that the Court misapprehended both the evidence and the law
and should have found that the dancers were independent
The motion was timely; however, none of the grounds advanced
by the petitioner are meritorious.
The petitioner, TYAD, Incorporated (TYAD), moves the Court to
reconsider and amend its Findings of Fact, Conclusions of Law
and Judgment entered April 8, 2005. The motion was mailed on
May 2, 2005, and deemed filed on that date. ARM 24.5.303(5).
The Independent Contract Central Unit (ICCU) initially urges
that the motion is untimely since it was not filed within
twenty days after issuance of the decision. Rule 24.5.344
requires that a request for a new trial or for amendment of
the Court's findings of fact and conclusions of law be
filed "within 20 days after the order or judgment is
served." However, under Rule 24.5.303(3), three days are
24.5.303 SERVICE AND COMPUTATION OF TIME
(3) Whenever a party has the right or is required to do some
act within a prescribed period of time after the service of a
notice or other paper upon the party and the notice or paper
is served by mail, three days shall be added to the
ARM 24.5.303. The Court's Findings of Fact, Conclusions
of Law and Judgment were entered and served on April 8, 2005.
Since three days must be added to the twenty days permitted
for a request to amend, the petitioner had until May 1, 2005,
to file its motion. However, since May 1 was a Sunday, the
time for filing the motion was extended to Monday, May 2,
2005. ARM 24.5.303(4). It is therefore timely.
However, the motion is without merit. I address each of the
petitioner's arguments in order.
Finding of Fact ¶ 15 fails to address the ICCU's
determination as to dancers Ms. Campbell and Ms. Hamilton
contained in Combined Exhibits 39-49.
The Court's decision makes it clear that its
determination applies to all similarly situated dancers,
which includes both Ms. Campbell and Ms. Hamilton.
Finding of Fact ¶ 20 states Lori Niendorf worked
exclusively for the Playground for two years. Niendorf's
wage claim documents establish that Niendorf performed at the
Playground for 8 months, from March, 2003, to October, 2003.
Exhibit 36 at 32.
The finding is inaccurate in that it states that Ms. Niendorf
"worked exclusively for the Playground for two
years." Rather, as shown in Ex. 36 at 18, The Playground
Lounge and Casino (Playground) was the only employment she
had during the previous two years. The error is immaterial.
The point is that the Playground was her ...