LOVE v. PHILLIPS OIL INC

Filing 286

ORDER ADOPTING REPORT AND RECOMMENDATION denying 269 Motion to Dismiss. Signed by District Judge M CASEY RODGERS on 10/13/09. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

WANDA LOVE and KRISTEN ROBINSON, individually, and on behalf of other similarly situated employees, Plaintiffs, vs. PHILLIPS OIL, INC., d/b/a FILLUPS FOOD STORES, et al., Defendants. / ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on September 10, 2009, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and CASE NO.: 3:08cv92/MCR/MD

incorporated by reference in this order. 2. The defendants' motion to dismiss (doc. 269) is DENIED.

DONE AND ORDERED this 13th day of October, 2009.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE