Opinion
Civ. ACTION 3:18-cv-00426
03-31-2022
YESTER AVILA, individually and on behalf of all others similarly situated, Plaintiffs v. SLSCO, LTD., et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
On November 6, 2020, all dispositive and non-dispositive pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(A) and (B). See Dkt. 71. Judge Edison filed a memorandum and recommendation on March 15, 2022, recommending that SLSCO, Ltd.'s motion for conditional class decertification, Dkt. 88, be granted, and SLSCO, Ltd.'s motion for motion for summary judgment, Dkt. 89, be granted in part and denied in part. See Dkt. 109.
No objections have been filed to the memorandum and recommendation. Accordingly, the court reviews it for plain error on the face of the record. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the court finds that there is no plain error apparent from the face of the record. Accordingly:
(1) Judge Edison's memorandum and recommendation, Dkt. 109, is approved and adopted in its entirety as the holding of the court; and
(2) SLSCO, Ltd.'s motion for conditional class decertification, Dkt. 88, is GRANTED, and the opt-in plaintiffs are DISMISSED without prejudice.
(3) SLSCO, Ltd.'s motion for summary judgment, Dkt. 89, is GRANTED in part and DENIED in part;
(4) The claims brought by Plaintiff Caleb Browne are DISMISSED with prejudice; and
(5) The claims brought by Plaintiff Yester Avila shall proceed to trial.