Claudio et al v. Greater Omaha Packing

Filing 160

MEMORANDUM AND ORDER granting Motion to Dismiss (filing 214) in 8:08cv88. Plaintiffs Ivon Chavorin, Mercedes Estrella, Carlos Mejia, Jose Morales, Javier Moreno Perez and Carlos Suarez are dismissed, with prejudice, as party-plaintiffs and class representatives of both the Fair Labor Standards Act claims and the Rule 23 claims. Ordered by Chief Judge Joseph F. Bataillon. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSE MORALES, et al.,
Plaintiffs,
v.
GREATER OMAHA PACKING
COMPANY, INC.,
Defendant.

GABRIEL SANCHEZ CLAUDIO, et al.,
Plaintiffs,
v.
GREATER OMAHA PACKING
COMPANY, INC.,
Defendant.

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8:08CV88

MEMORANDUM AND ORDER

8:08:CV161

MEMORANDUM AND ORDER

This matter is before the court on defendant’s motion to dismiss certain class
plaintiffs, Filing No. 214. The court previously ordered the plaintiffs to substitute new
plaintiffs for Ivon Chavorin, Mercedes Estrella, Carlos Mejia, Jose Morales, Javier Moreno
Perez and Carlos Suarez. Filing No. 212. The court gave the plaintiffs sixty days to
substitute opt-in plaintiffs and stated that failure to do so may result the dismissal of those
claims. Sixty days have passed and the plaintiffs have not responded. Accordingly, the
court will grant defendant’s motion to dismiss, and will dismiss these named plaintiffs with
prejudice, as party-plaintiffs and class representatives of both the Fair Labor Standards Act
claims and the Rule 23 claims.
THEREFORE, IT IS ORDERED that defendant’s motion to dismiss, Filing No. 214,
is granted. Plaintiffs Ivon Chavorin, Mercedes Estrella, Carlos Mejia, Jose Morales, Javier

Moreno Perez and Carlos Suarez are dismissed, with prejudice, as party-plaintiffs and
class representatives of both the Fair Labor Standards Act claims and the Rule 23 claims.
DATED this 30th day of August, 2011.

BY THE COURT:

s/ Joseph F. Bataillon
Chief District Judge

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the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
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the opinion of the court.
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