Jacobs v. Dolanlil, Inc. et al

Filing 32

ORDER adopting 30 REPORT AND RECOMMENDATION; Granting 28 MOTION for summary judgment as to Count I filed by Dolan Torres, Dolanlil, Inc., Lillian Torres. The Clerk is directed to enter a Judgment providing that Plaintiff Derik Jacobsrecover not hing on his claim under Count I for violation of the overtime provisions of the Fair Labor Standards Act, and the Defendants Dolanlil, Inc., Dolan Torres, and Lillian Torres recover costs from Plaintiff. Count II for unpaid wages under Florida Statutes Chapter 448 is hereby DISMISSED, without prejudice. The Clerk is directed to CLOSE the file. Signed by Chief Judge Anne C. Conway on 4/27/2010. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DERIK JACOBS, Plaintiff, -vsDOLANLIL, INC.; DOLAN TORRES AND LILLIAN TORRES, Defendants. ______________________________________ Case No. 6:08-cv-2071-Orl-22GJK

ORDER
This cause is before the Court on Defendants' Motion for Summary Judgment (Doc. No. 28) filed on January 22, 2010. The United States Magistrate Judge has submitted a report recommending that the Motion be granted as to Count I, and dismissed without prejudice as to Count II. 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. The Report and Recommendation filed April 12, 2010 (Doc. No. 30) is ADOPTED

and CONFIRMED and made a part of this Order. 2. Defendants' Motion for Summary Judgment (Doc. No. 28) is GRANTED as to

Count I. The Clerk is directed to enter a Judgment providing that Plaintiff Derik Jacobs recover nothing on his claim under Count I for violation of the overtime provisions of the Fair

Labor Standards Act, and the Defendants Dolanlil, Inc., Dolan Torres, and Lillian Torres recover costs from Plaintiff. 3. Count II for unpaid wages under Florida Statutes Chapter 448 is hereby

DISMISSED, without prejudice. 4. The Clerk is directed to CLOSE the file.

DONE and ORDERED in Chambers, in Orlando, Florida on April 27, 2010. Copies furnished to: Counsel of Record

-2-