Desimoni et al v. TBC Corporation

Filing 164

ORDER adopting 158 REPORT AND RECOMMENDATIONS re 144 MOTION for miscellaneous relief, specifically to Preclude Class Arbitration filed by TBC Corporation. United States Magistrate Judge Carol Mirando's Report and Recom mendation 158 is ACCEPTED and ADOPTED, and its findings incorporated herein. Defendant's Motion to Preclude Class Arbitration 144 is GRANTED. The case remains stayed as to Plaintiff Corey Desimoni and opt-in Plaintiffs Luis Rodriguez and Au gustin Benitez, and the 152 opt-in Plaintiffs identified in Attachment C to the arbitration demand before the American Arbitration Association (See Doc. 108-4), pending notification these Plaintiffs have exhausted arbitration and the stay is due to b e lifted or the case is due to be dismissed. The Clerk is directed to add a stay flag to this case. Plaintiffs' counsel is directed to file a status report regarding the arbitration beginning on May 18, 2017, and every 90 days thereafter. Thi s case will remain open and proceed on all Plaintiffs listed in the attachment to this Opinion and Order. Signed by Judge Sheri Polster Chappell on 4/18/2017. (LMF) (Additional attachment(s) added on 4/18/2017: # 1 Supplement Attachment A) (LMF).

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION COREY DESIMONI and JAMES REITER, individually and on behalf of all similarly situated, Plaintiffs, v. Case No: 2:15-cv-366-FtM-99CM TBC CORPORATION, Defendant. / Collective Action Plaintiffs 1. Jason Chapman 2. Jack Clark 3. Jason Daniel 4. Davin Dukes 5. Rex Earls 6. Franklin Frazier 7. Peter Gilzene 8. Tommy Hill 9. Jimmy Horton 10. John Janson 11. Juan Lopez 12. William Murphy 13. Leonard Purvee 14. James Reiter 15. Kenneth Schultz 16. Perry Shockey 17. Timothy Vaughn 18. Ryan Warden 19. Timothy Webster 20. Willie Williams 21. Jason Yinger

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