Wilson v. Dominion Management, LLC et al

Filing 17

ORDER ADOPTING 13 REPORT AND RECOMMENDATION, and GRANTING Plaintiff's 9 MOTION to Sever and Remand Count One of his complaint. The case shall proceed as to Count Two of the Complaint, the claim for unpaid overtime under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201. Signed by Judge Callie V. S. Granade on 04/19/2010. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) ) Plaintiff, ) ) v. ) ) DOMINION MANAGEMENT, LLC, et al., ) ) Defendants. ) CALVIN WILSON, CIVIL ACTION NO. 10-00078-CG-N ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(A) and Standing Order 6 of this Court and dated March 29, 2010, is ADOPTED as the opinion of this court and it is ORDERED that plaintiff's motion to sever and remand Count One of his Complaint is hereby GRANTED. The Clerk of this Court is directed to take such steps as are necessary to transfer Count One of the Complaint back to the Circuit Court of Mobile County, Alabama, from whence it was removed. The case shall proceed as to Count Two of the Complaint, the claim for unpaid overtime under the federal Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201. DONE and ORDERED this 19th day of April, 2010. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

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