Nadreau et al v. Lush Cosmetics NY, LLC

Filing 101

ORDER adopting 99 REPORT AND RECOMMENDATION; denying 74 MOTION to Certify Rule 23 Sub-Class as to Count II of Amended Complaint. Signed by Judge John Antoon II on 9/5/2012. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION
SETH NADREAU, on behalf of himself
and all others similarly situated,
Plaintiffs,
-vs-

Case No. 2:10-cv-00298-FtM-UA-SPC

LUSH COSMETICS NY, LLC, and LUSH
COSMETICS, LLC d/b/a LUSH
HANDMADE COSMETICS,
Defendants.
______________________________________

ORDER
This case is before the Court on Plaintiffs’ Motion to Certify Rule 23 Sub-Class as to
Count II of Amended Complaint (Doc. No. 74) filed November 22, 2011. The United States
Magistrate Judge has submitted a report recommending that the motion be denied.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed August 13, 2012 (Doc. No. 99) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Plaintiffs’ Motion to Certify Rule 23 Sub-Class as to Count II of Amended

Complaint (Doc. No. 74) is DENIED.

DONE and ORDERED in Chambers, Orlando, Florida this 5th day of September,
2012.

Copies furnished to:
Counsel of Record

-2-