Gamble v. Minnesota State-Operated Services, 16-2720 (JRT/KMM). (2018)
Court: District Court, D. Minnesota
Number: infdco20180423856
Visitors: 1
Filed: Apr. 20, 2018
Latest Update: Apr. 20, 2018
Summary: ORDER ON REPORT AND RECOMMENDATION JOHN R. TUNHEIM , District Judge . Five individuals currently in the custody of the Minnesota Sex Offender Program ("MSOP") and participating in MSOP's "Patient Pay Program" allege violations of the Fair Labor Standards Act by numerous state-entity and individual Defendants. United States Magistrate Judge Katherine M. Menendez issued a Report and Recommendation ("R&R"), recommending that the Court deny without prejudice Plaintiffs' Motion to Conditionally
Summary: ORDER ON REPORT AND RECOMMENDATION JOHN R. TUNHEIM , District Judge . Five individuals currently in the custody of the Minnesota Sex Offender Program ("MSOP") and participating in MSOP's "Patient Pay Program" allege violations of the Fair Labor Standards Act by numerous state-entity and individual Defendants. United States Magistrate Judge Katherine M. Menendez issued a Report and Recommendation ("R&R"), recommending that the Court deny without prejudice Plaintiffs' Motion to Conditionally C..
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ORDER ON REPORT AND RECOMMENDATION
JOHN R. TUNHEIM, District Judge.
Five individuals currently in the custody of the Minnesota Sex Offender Program ("MSOP") and participating in MSOP's "Patient Pay Program" allege violations of the Fair Labor Standards Act by numerous state-entity and individual Defendants. United States Magistrate Judge Katherine M. Menendez issued a Report and Recommendation ("R&R"), recommending that the Court deny without prejudice Plaintiffs' Motion to Conditionally Certify a Collective Action (Docket No. 134) because Plaintiffs were proceeding pro se. (R&R at 2-3, Feb. 16, 2018, Docket No. 146.) Since then, four of the five named Plaintiffs have obtained counsel. (See Docket Nos. 156-158.) The Court will adopt the recommendation of the Magistrate Judge and deny the Plaintiffs' motion without prejudice.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The Magistrate Judge's Recommendation [Docket No. 146] is ADOPTED.
2. Plaintiffs' Motion to Conditionally Certify a Collective Action Pursuant to 29 U.S.C. 216 and Identified Consenting Individuals as Collective Action Plaintiffs and Authorize Notice to Other Potential Collective Action Plaintiffs [Docket No. 134] is DENIED without prejudice.
3. Plaintiffs' Motion to Accept Late Filing of Plaintiffs' Reply Memorandum [Docket No. 149] is DENIED as moot.
Source: Leagle
