Morales et al v. Farmland Foods

Filing 82

ORDER adopting 74 Report and Recommendation as modifiedby the parties joint stipulation (Filing No. 80 ). The 50 Motion to Certify Class is granted to include the class set forthin the parties' stipulation (Filing No. 80 ). Ordered by Chief Judge Joseph F. Bataillon. (ADB, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M A R IA GUZMAN MORALES, On behalf of th e m s e lv e s and all other similarly situated in d iv id u a ls , and MAURICIO GUAJARDO, O n behalf of themselves and all other s im ila r ly situated individuals, P la in t if f s , v. F A R M L A N D FOODS, Inc., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

8 :0 8 C V 5 0 4

ORDER

T h is matter is before the court on the Report and Recommendation ("R&R) of the United S ta te s magistrate judge, Filing No. 74, on plaintiffs' Motion to Proceed as a Collective Action and F a c ilita te Notice under 29 U.S.C. § 216(b), Filing No. 50. The parties have conferred and agreed to s tip u la t e to conditional certification and notice in lieu of objecting to the R&R. Filing No. 80, Joint S tip u la tio n at 2. Accordingly, IT IS ORDERED: 1 . The R&R of the United States magistrate judge is (Filing No. 74) is adopted, as modified b y the parties' joint stipulation (Filing No. 80). 2. The plaintiffs' Motion to Proceed as a Collective Action and Facilitate Notice under 29 U .S .C . § 216(b) of the Fair Labor Standards Act (Filing No. 50) is granted to include the class set forth in the parties' stipulation (Filing No. 80). 3 . An order on certification and notice in conformity with the stipulation of the parties will be e n te re d this date. DATED this 4th day of September, 2009.

B Y THE COURT:

s / Joseph F. Bataillon Chief United States District Judge