Opinion
3:10-CV-591 (TJM/DEP)
01-09-2017
MATTHEW ROACH, et al., Plaintiffs, v. T.L. CANNON CORP., et al., Defendants.
Thomas J. McAvoy, S.U.S.D.J.
DECISION & ORDER
This case, which asserts class-actions claims based on alleged violations of wage and hours laws in restaurants controlled by the Defendants, was referred to United States Magistrate Judge David E. Peebles, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In his Report-Recommendation, Magistrate Judge Peebles recommends that the claims of certain opt-in Plaintiffs be dismissed for failure to comply with discovery demands and court orders related to those demands. No objections to the Report-Recommendation were filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
This Court therefore ADOPTS the Report-Recommendation, dkt. # 216, for the reasons stated therein, and it is ORDERED that Defendants' motion to dismiss, dkt. # 212, is hereby GRANTED IN PART and DENIED IN PART, as follows:
1. The motion is GRANTED and all claims are dismissed with respect to the following Plaintiffs:
a. Amanda Blesinger;
b. Mary A. Brooks;
c. Teresa Congiusti;
d. Rachel Cortesi;
e. Davetta Darity;
f. Joana E. Gleason;
g. Jessica Hagerty;
h. Catherine (Hagery) Perez;
i. Angela Harrington (Krezmer);
j. Nicole Jerard;
k. Robyn King;
l. Joseph M. Marino;
m. Stacey L. McLeer;
n. Elena J. Morales;
o. Anthony J. Pacheco;
p. Jill Scalzo;
q. Meghan K. Smith;
r. Meghan A. Tuma (Zafuto);
s. Tara A. Werner; and
t. Jonathan M. Williams; and
2. The motion is DENIED with respect to the claims of:
a. Amy Barber;
b. Lisa Cook; and
c. Amanda Resue.
IT IS SO ORDERED.
Dated:January 9, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge