Opinion
CASE NO. 19-5574 RJB-JRC
11-18-2019
CALVIN MALONE, GEORGE O. MITCHELL, JOHATHAN PARSONS, RICHARD JACKSON, and JAMES TURNER, Plaintiffs, v. ROBERT W. FERGUSON, Attorney General of Washington, et. al., Defendants.
ORDER ON REPORT AND RECOMMENDATION
THIS MATTER comes before the Court on the Report and Recommendation of U.S. Magistrate Judge J. Richard Creatura. Dkt. 13. The Court has considered the Report and Recommendation, objections, and the remaining record.
The Plaintiffs, pro se civil detainees at the Special Commitment Center ("SCC"), filed this putative class action on June 24, 2019. Dkt. 1. They allege that the Defendants have violated Washington's Minimum Wage Act, RCW 49.46.010, et. seq., the federal Fair Labor Standards Act, 29 U.C.S. § 206, et. seq., were unjustly enriched, and violated the Plaintiffs' constitutional rights when the Defendants failed to pay the Plaintiffs minimum wage for work performed and for Defendants' failure to provide "appropriate working gear." Dkt. 11. After paying the filing fee, the Plaintiffs were ordered to indicate to the Court whether they sought the appointment of counsel. Dkt. 10. The Plaintiffs did not respond. The Plaintiffs filed a motion for class certification instead. Dkt. 12.
On October 30, 2019, the Report and Recommendation was filed, recommending that the motion for class certification (Dkt. 12) be denied without prejudice. Dkt. 13. The Plaintiffs filed objections, asserting that they now wish to apply for class counsel. Dkt. 14. They do not directly address whether the Report and Recommendation (Dkt. 13) should be adopted.
The Report and Recommendation (Dkt. 13) should be adopted and the Plaintiffs' motion for class certification (Dkt. 12) should be denied without prejudice. The case should be re-referred to Magistrate Judge Creatura for consideration of the Plaintiff's motion for appointment of class counsel (Dkt. 14) and for further proceedings consistent with this order.
IT IS ORDERED:
• The Report and Recommendation (Dkt. 13) IS ADOPTED;
• The Plaintiffs' motion for class certification (Dkt. 12) IS DENIED WITHOUT PREJUDICE; and
• The case IS RE-REFERRED to Magistrate Judge Creatura for consideration of the Plaintiffs' motion for appointment of class counsel (Dkt. 14) and for further proceedings consistent with this order.
The Clerk is directed to send uncertified copies of this Order to Magistrate Judge Creatura, all counsel of record, and to any party appearing pro se at said party's last known address.
Dated this 18th day of November, 2019.
/s/_________
ROBERT J. BRYAN
United States District Judge