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SCHMIDT v. DIRECTV, LLC, 14-3000 (JRT/JSM). (2016)

Court: District Court, D. Minnesota Number: infdco20160210d48
Filed: Feb. 09, 2016
Latest Update: Feb. 09, 2016
Summary: ORDER ON REPORT AND RECOMMENDATION JOHN R. TUNHEIM , Chief District Judge . The above matter came before the undersigned on the Report and Recommendation of Magistrate Judge Janie S. Mayeron dated January 22, 2016. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records and proceedings herein, the Court now makes and enters the following Order. IT IS HEREB
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ORDER ON REPORT AND RECOMMENDATION

The above matter came before the undersigned on the Report and Recommendation of Magistrate Judge Janie S. Mayeron dated January 22, 2016. No objections have been filed to that Report and Recommendation in the time period permitted.

Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records and proceedings herein, the Court now makes and enters the following Order.

IT IS HEREBY ORDERED that:

1. Defendant DIRECTV, LLC's Motion to Dismiss Plaintiffs' Second Amended Complaint [Docket No. 101] and DirectSat USA, LLC's Motion to Dismiss Plaintiffs' Second Amended Complaint [Docket No. 102] is GRANTED in part and DENIED in part as follows:

(a). Defendants' motion as to Count I (plaintiffs' claims under the Fair Labor Standards Act) is DENIED.

(b). Defendants' motion as to Count II (plaintiffs' claims arising under Minn. Stat. § 181.722) is GRANTED and these claims are dismissed with prejudice.

2. Plaintiffs' Conditional Motion for Time Within Which to Seek Leave to Amend Should Court Grant Defendants' Motions to Dismiss Plaintiffs' Second Amended Complaint [Docket No. 112] is DENIED AS MOOT.

Source:  Leagle

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