Summary
adopting report and recommendation finding that the first stage analysis recommended in Hipp seemed inapt when the case had been ongoing for seven months and discovery had been conducted
Summary of this case from Lewis-Gursky v. CitiGroup, Inc.Opinion
CASE No. 8:13-CV-1899-T-23TGW
10-07-2014
CHARLES R. UDO, JR., individually and on behalf of all others similarly situated, Plaintiff, v. LINCARE, INC., et al., Defendants.
REPORT AND RECOMMENDATION
THIS CAUSE came on for consideration upon Defendant Lincare Inc.'s Motion to Compel Deposition of Opt-In Brian Norton (Doc. 71) and the Unopposed Motion to Withdraw as Counsel for Opt-In Plaintiff Brian Norton (Doc. 93). In light of the Order denying the plaintiff's motion for conditional certification, these motions raised the issue of whether the opt-in plaintiffs remain parties in this case. I therefore entered an Order directing the parties to submit memoranda on that issue (Doc. 95).
In its response to my Order, the defendant moves to dismiss the opt-in plaintiffs without prejudice (Doc. 96). The plaintiff, in turn, "without addressing the factual or legal issues in this matter, and with respect to this specific case only," has filed a Notice of Non-Opposition to Dismissal of the Opt-In Plaintiffs Without Prejudice (Doc. 97).
Accordingly, I recommend that the opt-in plaintiffs in this case be dismissed without prejudice.
Respectfully submitted,
/s/_________
THOMAS G. WILSON
UNITED STATES MAGISTRATE JUDGE
DATED: OCTOBER 7, 2014
NOTICE TO PARTIES
Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen days from the date of its service shall bar an aggrieved party from attacking the factual findings on appeal. 28 U.S.C. 636(b)(1).