Rosales v. El Michoacana LLC

Filing 27

ORDER adopting 26 REPORT AND RECOMMENDATIONS re 16 UNOPPOSED MOTION to Certify Class and Facilitate Notice to Potential Class Members filed by Gabriela Rosales. The Report and Recommendation 26 is ACCEPTED and ADOPTED, and its findings are incorporated herein. Plaintiff's Unopposed Motion to Conditionally Certify Class and Facilitate Notice to Potential Class 16 is GRANTED in part.Within fourteen (14) days of the date of this Order, Plaintiff and Defendants shall co nfer, draft, and file an agreed-upon Proposed Notice that is consistent with the guidance in the Report and Recommendation 26 . If the Court approves the Proposed Notice, the Plaintiff shall, within thirty (30) days, send the approved Notice to all potential collective action members by first class mail. All opt-in collective action members must return the consent form to Plaintiff's counsel with a postmark date no later than sixty (60) days after the Notice is mailed. Plaintiff's cou nsel shall furnish a copy of all consents received to defense counsel and maintain all originals. Plaintiff's counsel shall file a document identifying each opt-in collective action member and his or her address within ten (10) days of the expiration of the sixty (60) day opt-in deadline. Signed by Judge Sheri Polster Chappell on 12/2/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GABRIELA ROSALES, on behalf of
herself and others similarly situated
Plaintiff,
v.

Case No: 2:15-cv-711-FtM-38CM

EL MICHOACANA LLC,
Defendant.
/
ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Carol Mirando's Report and Recommendation (Doc. #26) filed on October 20, 2016.
Judge Mirando recommends that Plaintiff’s Motion for Conditional Certification of an FLSA
Collective Action (Doc. #16) be granted in part and denied in part. No objections were
filed, and the time to do so has now expired.
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.
1993). However, the district judge must review legal conclusions de novo, even in the

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absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994)
After careful consideration and an independent review of the file, the Court
accepts, adopts, and approves the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #26) is ACCEPTED and ADOPTED,
and its findings are incorporated herein.
1. Plaintiff’s Unopposed Motion to Conditionally Certify Class and Facilitate Notice
to Potential Class (Doc. #16) is GRANTED in part.
2. Within fourteen (14) days of the date of this Order, Plaintiff and Defendants
shall confer, draft, and file an agreed-upon Proposed Notice that is consistent
with the guidance in the Report and Recommendation (Doc. #26).
3. If the Court approves the Proposed Notice, the Plaintiff shall, within thirty (30)
days, send the approved Notice to all potential collective action members by
first class mail.
4. All opt-in collective action members must return the consent form to Plaintiff’s
counsel with a postmark date no later than sixty (60) days after the Notice is
mailed.
5. Plaintiff’s counsel shall furnish a copy of all consents received to defense
counsel and maintain all originals.

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6. Plaintiff’s counsel shall file a document identifying each opt-in collective action
member and his or her address within ten (10) days of the expiration of the
sixty (60) day opt-in deadline.
DONE and ORDERED in Fort Myers, Florida this 2nd day of December, 2016.

Copies: All Parties of Record

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