Colozzi v. St. Joseph's Hospital Center

Full title: ROBERT COLOZZI, et al., Plaintiffs, v. ST. JOSEPH'S HOSPITAL CENTER, et…

Court: United States District Court, N.D. New York

Date published: Aug 27, 2010

5:08-CV-1220 (N.D.N.Y. Aug. 27, 2010)

Opinion

5:08-CV-1220.

August 27, 2010

J. NELSON THOMAS, ESQ., PATRICK J. SOLOMON, ESQ., JUSTIN M. CORDELLO, ESQ., MICHAEL J. LINGLE, ESQ., SARA E. ROOK, ESQ., THOMAS SOLOMON LLP, Attorneys for Plaintiffs, Rochester, NY.

ROBERT J. SMITH, ESQ., DENNIS P. HENNIGAN, ESQ., EDWARD G. MELVIN, ESQ., MICHAEL A. TREMONT, ESQ., NICOLE MARLOW-JONES, ESQ., COSTELLO, COONEY, FEARON, PLLC, Attorneys for Defendants, Syracuse, NY.

DECISION and ORDER

DAVID HURD, District Judge

The named plaintiffs brought this action in November 2008, asserting a variety of federal and state law claims. By Report-Recommendation dated July 20, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for dismissal of all claims of the thirteen named opt-in plaintiffs who have failed to answer court approved interrogatories (Dkt. No. 268) be granted, and that the following plaintiffs' claims against the defendants in this action be dismissed subject to their right, should class certification be granted, to participate as class members in the action if deemed appropriate by the court:

1. Veronica Benz 8. Mary K. Johnson 2. Celinda Case 9. Daniel Knapp 3. Robin Dunagan 10. Joanne Niemann 4. Deane J. Engleman 11. Mary Phelan 5. Lisa Marie Finlay (Cosma) 12. Renee Steetes 6. Marie Granato 13. Patricia Talarico 7. Denise Haley The plaintiffs have filed timely objections to the Report-Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for dismissal of all claims of the thirteen named opt-in plaintiffs who have failed to answer court approved interrogatories (Dkt. No. 268) is GRANTED;

2. The following plaintiffs' claims against the defendants in this action are DISMISSED subject to their right, should class certification be granted, to participate as class members in the action if deemed appropriate by the court:

1. Veronica Benz 8. Mary K. Johnson 2. Celinda Case 9. Daniel Knapp 3. Robin Dunagan 10. Joanne Niemann 4. Dean J. Engleman 11. Mary Phelan 5. Lisa Marie Finlay (Cosma) 12. Renee Steetes 6. Marie Granato 13. Patricia Talarico 7. Denise Haley IT IS SO ORDERED.