Cuevas, et al v. Dias & Fragoso, Inc.

Filing 27

ORDER ADOPTING 26 Findings and Recommendations GRANTING Plaintiff's 21 Motion for Conditional FLSA Collective Action Certification and Issuance of Notice, signed by Chief Judge Lawrence J. O'Neill on 5/2/18. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 ROSALIE CUEVAS, ADOLFO GOMEZMORENO, REYNALDO TOLANO, and AGUSTIN AMBRIZ, on behalf of themselves and on behalf of all other similarly situated individuals, 14 15 16 17 18 19 Plaintiffs, Case No. 1:17-cv-00357-LJO-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFFS’ MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE v. (Doc. 26) DIAS & FRAGOSO, INC., a California Corporation; D&F AGRICULTURAL ENTERPRISES, INC., a California Corporation; GABRIEL M. DIAS; and JOHN L. FRAGOSO, Defendants. 20 21 The matter now pending before this Court is a putative collective action, filed on behalf of 22 Plaintiffs, and other similarly situated individuals. On February 21, 2018, Plaintiffs filed a 23 motion seeking conditional certification under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. 24 § 216(b). On April 10, 2018, the Magistrate Judge assigned to this matter issued Findings and 25 Recommendations, recommending granting the motion and providing a fourteen day period 26 within which to submit objections. To date, no objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 28 de novo review of this case. Having carefully reviewed the entire file, the court finds the 1 1 2 3 Findings and Recommendations to be supported by the record and by proper analysis. For the reasons articulated in the Magistrate Judge’s Findings and Recommendations, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations are ADOPTED in full; and 5 2. Plaintiffs’ motion for conditional FLSA collective action certification is 6 GRANTED. 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 2, 2018 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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