Summary
relying on Boon and rejecting argument that under Landers, the plaintiff could not state a plausible FLSA overtime claim without identifying a "date-specific workweek during which they worked in excess of 40 hours."
Summary of this case from Boose v. FNP, Inc.Opinion
No. 3:14-cv-01661-PK
04-16-2015
ADAM BERGER and MARK PATRICK, Plaintiffs, v. DIRECTV, INC. and DIRECTV, LLC, Defendants.
ORDER HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [33] on March 6, 2015, in which he recommends that this Court deny in part and grant in part Defendants' Motion to Dismiss [15]. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [33], and therefore, Defendants' Motion to Dismiss [15] is denied in part and granted in part.
IT IS SO ORDERED.
DATED this 16 day of April, 2015.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge