Sardina et al v. Charles et al

Filing 47

ORDER approving 40 Report and Recommendations, and granting 38 Unopposed Motion for Leave to File Second Amended Complaint, by Judge Robert E. Blackburn on 6/16/15.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 15-cv-00054-REB-KLM MARISOL SARDINA A/K/A ALEJANDRA ARREDONDO, COLUMBA RODRIGUEZ A/K/A ANABEL ECHEVERRIA, MARGARITA HERRERA A/K/A JESSICA GONZALEZ, ALBERTO ECHEVERRIA A/K/A JESUS F. GONZALEZ, MARGARITA LOPEZ, ANGELICA LUGO, BLANCA AVILA A/K/A ROSA MEDINA, PATRICIA ALEJANDRE GARCIA A/K/A ANA MONCADA, JESSICA MORALES TAVERA, MARIA QUINONES M. A/K/A KARIME DOMINGUEZ, ROSAURA ZAVALA A/K/A ALEJANDRA GUTIERREZ, individually and on behalf of others similarly situated, Plaintiffs, v. ROBERT F. CHARLES A/K/A BOB CHARLES D/B/A MCDONALDS RESTAURANT; ROBERT F. CHARLES A/K/A BOB CHARLES D/B/A THE CHARLES ORGANIZATION; LONG PEAK ARCHES, INC.; MILE HIGH DRIVE-IN, INCORPORATED; MCDONALDS CORPORATION; LORENA ESTRADA AND CLIFF PETE, in their individual and corporate capacities, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matters before me are (1) the Unopposed Motion for Leave to File Second Amended Complaint [#38]1 filed April 7, 2015; and (2) the Recommendation 1 “[#38]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. of United States Magistrate Judge [#40] filed April 17, 2015. No objections to the recommendation were filed. Therefore, I review it only for plain error. See MoralesFernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the recommendation, I find and conclude that recommendation should be approved and adopted. The motion to amend is granted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#40] filed April 27, 2015, is approved and adopted as an order of this court; 2. That the Unopposed Motion for Leave to File Second Amended Complaint [#38] filed April 7, 2015, is granted; and 3. That the proposed Second Amended Collective and Class Action Complaint [#38-1] is accepted for filing. Dated June 16, 2015, at Denver, Colorado. BY THE COURT: 2

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