Goers et al v. L.A. Entertainment Group, Inc. et al

Filing 113

ORDER adopting 84 REPORT AND RECOMMENDATIONS re 77 MOTION to Certify Class Plaintiffs' Motion for Court Approval of Amended Class Action Notice filed by Tamera Goers, Ashley Cristine Mulligan. United States Magistrate Judge Carol Mirando's Report and Recommendation 84 is ACCEPTED and ADOPTED. Plaintiffs' shall be permitted to send the Notice [77-1], the accompanying Consent to Become a Party Plaintiff [82-1] and the Information Sheet [82-2], pursuant to th e following conditions: a. Plaintiffs' counsel shall send the Notice to all potential collective action members by first class mail by February 14, 2017; b. All opt-in collective action members are directed to return the consent form to Pla intiffs' counsel with a postmark date no later than sixty (60) days after the Notice is provided; c. Plaintiffs' counsel is directed to furnish copies of all consents received to Defendants' counsel and to maintain the originals. d. Pl aintiffs' counsel is directed to file one document identifying in writing each opt-in collective action member and their address within ten (10) days of the expiration of the sixty (60) day opt-in period. Signed by Judge Sheri Polster Chappell on 1/31/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TAMERA GOERS and ASHLEY
CRISTINE MULLIGAN, individually, and
on behalf of all others similarly situated
Plaintiffs,
v.

Case No: 2:15-cv-412-FtM-99CM

L.A. ENTERTAINMENT GROUP,
INC. and AMER SALAMEH,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Carol Mirando's Report and Recommendation (Doc. #84) filed on October 19, 2016.
Judge Mirando recommends approval of Plaintiffs’ Motion for Court Approval of Amended
Collective Action Notice (Doc. #77) be granted, and Plaintiffs be permitted to send the
Notice (Doc. #77-1), the accompanying Consent to Become a Party Plaintiff (Doc. #821), and the Information Sheet (Doc. #82-2) to all potential opt-in plaintiffs.
A district judge "may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). If no specific
objections to findings of fact are filed, the district judge is not required to conduct a de
novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.

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1993). However, the district judge must review legal conclusions de novo, even in the
absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994).
After careful consideration of the Report and Recommendation and an
independent review of the file, the Court adopts, accepts, and approves the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Carol Mirando's Report and Recommendation
(Doc. #84) is ACCEPTED and ADOPTED. Plaintiffs’ shall be permitted to send
the Notice (Doc. #77-1), the accompanying Consent to Become a Party Plaintiff
(Doc. #82-1) and the Information Sheet (Doc. #82-2), pursuant to the following
conditions:
a. Plaintiffs’ counsel shall send the Notice to all potential collective action
members by first class mail by February 14, 2017;
b. All opt-in collective action members are directed to return the consent
form to Plaintiffs’ counsel with a postmark date no later than sixty (60)
days after the Notice is provided;
c. Plaintiffs’ counsel is directed to furnish copies of all consents received
to Defendants’ counsel and to maintain the originals.
d. Plaintiffs’ counsel is directed to file one document identifying in writing
each opt-in collective action member and their address within ten (10)
days of the expiration of the sixty (60) day opt-in period.

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DONE and ORDERED in Fort Myers, Florida this 31st day of January, 2017.

Copies: All Parties of Record

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