Summary
noting that "the majority view is the FLSA does not preempt state-law based wage and hour claims that are not duplicative of the FLSA claims"
Summary of this case from Roberts v. Baptist Healthcare Sys., LLCOpinion
Civil Action No. 4:18-CV-342
05-30-2019
JORGE MOCTEZUMA, ET AL. v. DION ISLAS, D/B/A ADVANCED ELECTRIC, D/B/A M.I. SKYLER CONSTRUCTION AND CUSTOM HOMES
(Judge Mazzant/Judge Nowak) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On April 26, 2019, the report of the Magistrate Judge (Dkt. #62) was entered containing proposed findings of fact and recommendations that Defendant Dion Islas's Motions to Dismiss (Dkts. #23; #36) each be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendant's First Motion to Dismiss (Dkt. #23) is DENIED AS MOOT and Defendant's Second Motion to Dismiss (Dkt. #36) is DENIED.
IT IS SO ORDERED.
SIGNED this 30th day of May, 2019.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE