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granting decertification where "to sustain their substantive misclassification claims and establish that the are employees pursuant to the 'economic reality test,' Plaintiffs will have to demonstrate fact-specific deviation from the terms of [the defendant's] agreements and policies"
Summary of this case from Clay v. New Tech Glob. Ventures, LLCOpinion
CASE NO. 10-60263-CIV-LENARD/O'SULLIVAN
05-18-2012
ERNESTO CARRERA, et al. Plaintiffs, v. UPS SUPPLY CHAIN SOLUTIONS, INC., Defendant.
ORDER
THIS MATTER is before the Court following an informal discovery conference held before the undersigned on May 18, 2012. Having held a held a hearing in this matter and for the reasons stated on the record, it is
ORDERED AND ADJUDGED that the defendant's request to compel the plaintiffs to respond to the subject written discovery requests is denied. Pursuant to Southern District of Florida Local Rule 26.1 the plaintiffs are not required to respond to the subject discovery requests. The defendant's delay in providing the discovery requests to the plaintiffs does not constitute excusable neglect.
DONE AND ORDERED, in Chambers, at Miami, Florida, this 18th day of May, 2012.
_________________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
U.S. District Judge Lenard
All Counsel of Record