Pichardo v. Pablo's Restaurante & Cantina, Inc. et al

Filing 35

ORDER, as set out, the court hereby ADOPTS the report of the magistrate judge 33 , and further ACCEPTS the recommendations of the magistrate judge. Therefore, it is ORDERED that the Motion for Partial Summary Judgment 28 filed by pla is due to b e and hereby is GRANTED as to pla's claim that dfts failed to pay pla overtime during the time he was employed by the dfts. The exact amount of overtime due and the willfulness of these violations are issues of fact not yet established and w ill be the subject of a trial to be set at a later date. The Clerk is DIRECTED to reassign this action to the undersigned for all further proceedings. Case reassigned to Judge Sharon Lovelace Blackburn for all further proceedings. Magistrate-Judge Harwell G Davis, III no longer assigned to case. Signed by Judge Sharon Lovelace Blackburn on 7/10/14. (Please use case number CV-12-SLB-2875-S on all further proceedings.(CTS, )

FILED
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ALEJANDRO HUERTA PICHARDO,

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Plaintiff
vs.
LIN’S DYNASTY, INC., et al.,
Defendants

2014 Jul-10 PM 02:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

Case No. 2:12-cv-02875-SLB

ORDER
On May 21, 2014, the magistrate judge’s report and recommendation was entered and
the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the magistrate judge. No objections to the magistrate judge’s
report and recommendation have been filed by plaintiff or defendants.
After careful consideration of the record in this case and the magistrate judge’s report
and recommendation, the court hereby ADOPTS the report of the magistrate judge. The
court further ACCEPTS the recommendations of the magistrate judge. Therefore, it is
ORDERED that the Motion for Partial Summary Judgment filed by plaintiff is due to be and
hereby is GRANTED as to plaintiff’s claim that defendants failed to pay plaintiff overtime
during the time he was employed by the defendants. The exact amount of overtime due and
the willfulness of these violations are issues of fact not yet established and will be the subject
of a trial to be set at a later date.
The Clerk is DIRECTED to reassign this action to the undersigned for all further
proceedings.
DONE this 10th day of July, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE