Allen et al v. Hartford Fire Insurance Company

Filing 334

ORDER adopting 329 REPORT AND RECOMMENDATIONS re 313 MOTION for partial summary judgment as to the Proper Method for Calculating Any Overtime Damages filed by Hartford Fire Insurance Company. Signed by Judge Roy B. Dalton, Jr. on 9/20/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JEANNE BACHMANN; PATRICIA
DEARTH; ALICIA DUQUETTE;
JESSICA PEREZ; JAMIE RIVERA;
LAYFON ROSU; MARISSA SHIMKO;
and CAROL SOMERS,
Plaintiffs,
v.

Case No. 6:16-cv-1603-Orl-37KRS

HARTFORD FIRE INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
In this Fair Labor Standards Act (“FLSA”) collective action, Defendant filed a
motion for partial summary judgment as to the proper method of calculating any
overtime damages. (Doc. 313 (“Motion”).) On referral, U.S. Magistrate Judge Karla R.
Spaulding issued a Report recommending the Court deny the Motion because: (1) it is
premature without first finding liability; and (2) a genuine dispute of material fact exists
regarding the number of hours for which each Plaintiffs’ salary was intended to
compensate. (Doc. 329, pp. 13–17 (“R&R”).) Thus, Magistrate Judge Spaulding concludes,
any resolution of the Motion at this point would be an improper advisory opinion. (Id. at
13.)
The parties did not object to the R&R, and the time for doing so has now passed.
Absent objections, the Court has examined the R&R for clear error. See Wiand v. Wells
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Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016);
see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error,
the Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 329) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Defendant Hartford Fire Insurance Company’s Motion for Partial
Summary Judgment as to the Proper Method of Calculating Any Overtime
Damages (Doc. 313) is DENIED.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 20, 2018.

Copies to:
Counsel of Record

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