Calderone et al v. Scott

Filing 137

ORDER adopting 133 REPORT AND RECOMMENDATIONS re 118 Response to order to show cause filed by Selena Lee, Michael Zaleski, George Schwing, Kevin Calderone. Samuel Flores may opt out of this action, and Marie E. Langston and Roberto Torres are DISMISSED with prejudice from this litigation for failure to comply with Court orders. Signed by Judge Paul A. Magnuson on 1/31/2017. (ALT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Kevin Calderone,
George Schwin, Michael
Zaleski, and Selena Lee,

Civ. No. 2:14-519-FtM-PAM-CM

Plaintiffs,
v.

ORDER

Michael Scott,
Defendant.

This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Carol Mirando dated January 9, 2017. In the R&R,
Magistrate Judge Mirando recommends the dismissal of two opt-in Plaintiffs in this
conditionally certified class action for failure to comply with Court orders, and to allow
one other opt-in Plaintiff to withdraw from the action. No party has objected to the R&R
in the time period permitted.
Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R (Docket No. 133) is ADOPTED;

2.

Opt-in Plaintiff Samuel Flores may opt out from this action; and

3.

Opt-in Plaintiffs Marie E. Langston and Roberto Torres are DISMISSED
from this litigation for failure to comply with Court orders.

Dated: January 31, 2017

s/Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge