Morales et al v. Farmland Foods

Filing 411

MEMORANDUM AND ORDER that the Findings and Recommendation 403 is adopted in its entirety. The defendant's motion to dismiss 355 is granted with prejudice. The defendant's motion to dismiss 359 is granted with prejudice. The defendant's motion to dismiss 369 is granted to the extent the forty-two non-responsive opt-in plaintiffs' claims be dismissed without prejudice. Ordered by Judge Joseph F. Bataillon. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARIA GUZMAN MORALES and
MAURICIO GUAJARDO, on behalf of
themselves and all other similarly
situated individuals,
Plaintiffs,
v.
FARMLAND FOODS, INC., a Delaware
Corporation and subsidiary of
Smithfield Foods,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

8:08CV504

MEMORANDUM AND ORDER

Before the court is the Findings and Recommendation of United States Magistrate
Judge Thomas D. Thalken, Filing No. 403. No objection has been filed to the Findings and
Recommendation. Pursuant to NECivR 72.2 and 28 U.S.C. § 636(b)(1)(C), the court has
conducted a de novo review of the record and adopts the Findings and Recommendation
in its entirety.
THEREFORE, IT IS HEREBY ORDERED that:
1.

The Findings and Recommendation, Filing No. 403, is adopted in its entirety.

2.

The defendant’s motion to dismiss, Filing No. 355, is granted with prejudice.

3.

The defendant’s motion to dismiss, Filing No. 359, is granted with prejudice.

4.

The defendant’s motion to dismiss, Filing No. 369, is granted to the extent
the forty-two non-responsive opt-in plaintiffs’ claims be dismissed without
prejudice.

DATED this 23rd day of January, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge