Dyer et al v. M&M Asphalt Maintenance Inc. et al

Filing 50

ORDER adopting 46 REPORT AND RECOMMENDATIONS re 24 Response filed by Tavaren D. Latimer, Michael A. Hill, Calvin A. Williams, Andrew Tomlin, Kenneth A. Dyer, Jr., Ricky R. McGee, Joseph T. Allen, Robert P. Anderson, Patrick B. Minor, Co rey W. Bowers, Johnny L. Walt. The Clerk is DIRECTED to consolidate this case with Dyer v. M&M Asphalt Maintenance, Case No. 6:15-cv-959-Orl-37KRS through the conclusion of discovery and all subsequent filing SHALL be made in BOTH cases. Signed by Judge Paul G. Byron on 5/2/2016. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION KENNETH A. DYER, JR. , MICHAEL A. HILL, ROBERT P. ANDERSON, JOSEPH T. ALLEN, COREY W. BOWERS, CALVIN A. WILLIAMS, TAVAREN D. LATIMER, RICKY R. MCGEE, PATRICK B. MINOR, ANDREW TOMLIN and JOHNNY L. WALTERS, Plaintiffs, v. Case No: 6:15-cv-1512-Orl-40TBS M&M ASPHALT MAINTENANCE INC., ALL COUNTY PAVING, INC., JEFFREY COHEN, KENNETH GOLDBERG and DAVID GOLDBERG, Defendants. / ORDER This cause is before the Court following the parties’ responses to United States Magistrate Judge Smith’s November 30, 3015 Order directing the parties to advise the Court in writing whether this case (“Dyer I”) and Kenneth Dyer, et al. v. M&M Asphalt Maintenance, Inc., All County Paving, Inc., Jeffrey Cohen, Kenneth Goldberg and David Goldberg, Case No. 6:15-cv-959-Orl-37KRS (“Dyer II”) should be consolidated (Doc. 23). The United States Magistrate Judge has submitted a report recommending that the cases be consolidated through the end of the discovery period. 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 7, 2016 (Doc. 46), is ADOPTED and CONFIRMED and made a part of this Order. 2. The cases SHALL be consolidated through the conclusion of discovery. 3. All subsequent filing SHALL be made in BOTH this case and Dyer v. M&M Asphalt Maintenance, Case No. 6:15-cv-959-Orl-37KRS. DONE AND ORDERED in Orlando, Florida on May 2, 2016. Copies furnished to: Counsel of Record Unrepresented Parties 2

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