Elawyers Elawyers
Washington| Change

Garmon v. Board of Education for the Buffalo City School District, 15-CV-431-A. (2018)

Court: District Court, W.D. New York Number: infdco20180124f05 Visitors: 4
Filed: Jan. 23, 2018
Latest Update: Jan. 23, 2018
Summary: DECISION AND ORDER RICHARD J. ARCARA , District Judge . This action under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"), was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. 636(b)(1) for the conduct of pretrial proceedings. On November 2, 2017, Magistrate Judge Schroeder filed a Report and Recommendation (Dkt. No. 22) recommending that Defendant's motion for judgment on the pleadings, or for summary judgment (Dkt. No. 12), be granted, in pa
More

DECISION AND ORDER

This action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On November 2, 2017, Magistrate Judge Schroeder filed a Report and Recommendation (Dkt. No. 22) recommending that Defendant's motion for judgment on the pleadings, or for summary judgment (Dkt. No. 12), be granted, in part. Magistrate Schroeder recommended that Plaintiffs' original Complaint be dismissed without prejudice to amendment; that Plaintiffs' uniform-maintenance claims be dismissed, with prejudice; and that the claims of opt-in Plaintiffs April Chapman, Kathryn LaForce, Wilmer Olivencia, Jenny Velez, and Andrea Teresi be dismissed as untimely.

The Court has carefully reviewed the Report and Recommendation, the record in the case, and no objections having been timely filed, it is

ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, Defendant's motion for judgment or summary judgment is granted, consistent with Magistrate Judge Schroeder's Report and Recommendation.

The case is fully recommitted to Magistrate Judge Schroeder for further proceedings. The Clerk shall enter Judgment in favor of the Defendant as against opt-in Plaintiffs April Chapman, Kathryn LaForce, Wilmer Olivencia, Jenny Velez, and Andrea Teresi.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer