Opinion
20-22766-CIV-WILLIAMS
02-23-2022
DIANA FLOREZ, Plaintiff, v. WORKFORCE SOLUTION STAFFING, LLC, et al., Defendants
ORDER
KATHLEEN M. WILLLAMS UNITED STATES DISTRICT JUDGE.
THIS MATTER is before the Court on Chief Magistrate Judge Edwin G. Torres's Report and Recommendation (“ the Report ”) (DE 46) on the partial motions for summary judgment filed by Plaintiff Diana Florez (“ Plaintiff ”) and Defendants Workforce Solution Staffing, LLC, Martha De La Cruz, and Fernando De La Cruz (“ Defendants ”). (DE 30; DE 32.) In the Report, Chief Judge Torres recommends that the Court grant Defendants' Partial Motion for Summary Judgment (“ Defendants' Motion ”) (DE 30) and grant in part and deny in part Plaintiff's Partial Motion for Summary Judgment (“ Plaintiff's Motion ”). (DE 32.) No. objections to the Report have been filed.
Upon an independent review of the Report, the record, and applicable case law, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 46) are AFFIRMED AND ADOPTED.
2. Defendants' Motion (DE 30) is GRANTED. Counts VII, VIII, and IX of Plaintiff's Complaint (DE 1-1) are DISMISSED.
3. Plaintiffs Motion (DE 32) is GRANTED IN PART AND DENIED IN PART. Plaintiffs Motion is GRANTED with respect to Plaintiffs undisputed claims that: (i) Plaintiff was covered under the Fair Labor Standards Act (“FLSA”) during the time period relevant to this case; (ii) Defendant Martha De La Cruz constitutes an “employer” under the FLSA; and (iii) Plaintiff constitutes an “employee” under the FLSA. However, Plaintiffs Motion is DENIED with respect to all remaining issues.
The Report states, “To be clear, Plaintiff[‘s partial motion for summary judgment] failed on every issue that Defendants' challenged and only succeeded on the issues in which Defendants were in agreement.” (DE 46 at 17 n.2.) The Court concurs with this assessment.
DONE AND ORDERED.