Morales et al v. Greater Omaha Packing

Filing 175

MEMORANDUM AND ORDER - Defendant's motion to dismiss, Filing No. 152 , is granted as follows: Claudio and Figueroa as Party-Plaintiffs in this case; Claudio and Figueroa as class representatives for the Rule 23 class; Rosales as an Opt-In Plain tiff in this case; and all of the Federal Labor Standards Act claims asserted by Claudio, Figueroa, and Rosales in this lawsuit against defendant are all dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b), with each party to bear its own costs. Ordered by Chief Judge Joseph F. Bataillon. (AOA)

-TDT Morales et al v. Greater Omaha Packing

Doc. 175

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOSE MORALES, et al., Plaintiffs, and GABRIEL SANCHEZ CLAUDIO, et al., Plaintiffs, vs. GREATER OMAHA PACKING COMPANY, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8:08CV88

8:08CV161

MEMORANDUM AND ORDER

This matter is before the court on defendant's motion to dismiss with prejudice (1) Claudio and Figueroa as Party-Plaintiffs in this case; (2) Claudio and Figueroa as class representatives for the Rule 23 class; (3) Rosales as an Opt-In Plaintiff in this case; and (3) all of the Federal Labor Standards Act claims asserted by Claudio, Figueroa, and Rosales in this lawsuit against defendant under Fed. R. Civ. P. 41(b), with each party to bear its own costs. Filing No. 152. There has been no opposition to this motion, and the court notes that defendant's counsel represents that plaintiffs' counsel has no objection to this motion. IT IS ORDERED that defendant's motion to dismiss, Filing No. 152, is granted as follows: (1) Claudio and Figueroa as Party-Plaintiffs in this case; (2) Claudio and Figueroa as class representatives for the Rule 23 class; (3) Rosales as an Opt-In Plaintiff in this case; and (3) all of the Federal Labor Standards Act claims asserted by Claudio, Figueroa,

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and Rosales in this lawsuit against defendant are all dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b), with each party to bear its own costs. DATED this 22nd day of September, 2010.

BY THE COURT:

s/ Joseph F. Bataillon Chief District Judge

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