Opinion
Case No. 6:08-cv-2071-Orl-22GJK.
April 27, 2010
ORDER
This cause is before the Court on Defendants' Motion for Summary Judgment (Doc. No. 28) filed on January 22, 2010.
The United States Magistrate Judge has submitted a report recommending that the Motion be granted as to Count I, and dismissed without prejudice as to Count II.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed April 12, 2010 (Doc. No. 30) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendants' Motion for Summary Judgment (Doc. No. 28) is GRANTED as to Count I. The Clerk is directed to enter a Judgment providing that Plaintiff Derik Jacobs recover nothing on his claim under Count I for violation of the overtime provisions of the Fair Labor Standards Act, and the Defendants Dolanlil, Inc., Dolan Torres, and Lillian Torres recover costs from Plaintiff.
3. Count II for unpaid wages under Florida Statutes Chapter 448 is hereby DISMISSED, without prejudice.
4. The Clerk is directed to CLOSE the file.
DONE and ORDERED in Chambers, in Orlando, Florida