Opinion
Case No: 2:15-cv-412-FtM-99CM
01-31-2017
TAMERA GOERS and ASHLEY CRISTINE MULLIGAN, individually, and on behalf of all others similarly situated Plaintiffs, v. L.A. ENTERTAINMENT GROUP, INC. and AMER SALAMEH, Defendants.
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This matter comes before the Court on review of United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #84) filed on October 19, 2016. Judge Mirando recommends approval of Plaintiffs' Motion for Court Approval of Amended Collective Action Notice (Doc. #77) be granted, and Plaintiffs be permitted to send the Notice (Doc. #77-1), the accompanying Consent to Become a Party Plaintiff (Doc. #82-1), and the Information Sheet (Doc. #82-2) to all potential opt-in plaintiffs.
A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). If no specific objections to findings of fact are filed, the district judge is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). However, the district judge must review legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration of the Report and Recommendation and an independent review of the file, the Court adopts, accepts, and approves the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #84) is ACCEPTED and ADOPTED. Plaintiffs' shall be permitted to send the Notice (Doc. #77-1), the accompanying Consent to Become a Party Plaintiff (Doc. #82-1) and the Information Sheet (Doc. #82-2), pursuant to the following conditions:
a. Plaintiffs' counsel shall send the Notice to all potential collective action members by first class mail by February 14, 2017;
b. All opt-in collective action members are directed to return the consent form to Plaintiffs' counsel with a postmark date no later than sixty (60) days after the Notice is provided;
c. Plaintiffs' counsel is directed to furnish copies of all consents received to Defendants' counsel and to maintain the originals.
d. Plaintiffs' counsel is directed to file one document identifying in writing each opt-in collective action member and their address within ten (10) days of the expiration of the sixty (60) day opt-in period.
DONE and ORDERED in Fort Myers, Florida this 31 st day of January, 2017.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record