ORNELAS v. HOOPER HOLMES, INC. et al

Filing 67

ORDER that Defendants' objections to the report and recommendation are overruled; that the report and recommendation of Magistrate Judge Arpert filed on August 1, 2014 [docket # 54 ], is hereby ADOPTED as the findings of fact and conclusions of law of this Court; that Plaintif's motion for conditional certification and equitable tolling [docket # 49 ] is GRANTED as set forth in the report and recommendation and opinion. Signed by Judge Joel A. Pisano on 12/12/2014. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
ANTONIO J. ORNELAS and BETTY OSWALD, :
on behalf of themselves and those similarly
:
situated,
:
:
Plaintiffs,
:
:
v.
:
:
HOOPER HOLMES, INC., a New Jersey Profit
:
Corporation, HOOPER HOLMES, INC., d/b/a
:
PORTAMEDIC, A New Jersey Profit Corporation :
and HOOPER INFORMATION SERVICES, INC., :
a New Jersey Profit Corporation,
:
:
Defendants.
:
:
:

Civil Action No. 12-cv-3106 (JAP)
ORDER ADOPTING THE
REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE

PISANO, District Judge
This matter having come before the Court on the report and recommendation of the
Honorable Douglas E. Arpert, United States Magistrate Judge, filed on August 1, 2014 [docket
#54] with regard to Plaintiffs, Antonio J. Ornelas and Betty Oswald (collectively “Plaintiffs”)
motion to: (1) conditionally certify a collective action and facilitate notice to potential class
members; and (2) equitably toll the statute of limitations [docket #49]. Defendants timely filed
objections to the report and recommendation pursuant to L. Civ. R. 72.1(c) [docket #57, 58], to
which Plaintiffs opposed [docket #59]. This Court has reviewed the report and recommendation
de novo and agrees in all aspects with Judge Arpert’s reasoning. For the reasons set forth in detail
in the report and recommendation and the opinion filed herewith, and for good cause shown,
IT IS on this 12th day of December, 2014,
ORDERED that Defendants’ objections to the report and recommendation are overruled;
and it is further

ORDERED that the report and recommendation of Magistrate Judge Arpert filed on
August 1, 2014 [docket #54], is hereby ADOPTED as the findings of fact and conclusions of law
of this Court; accordingly it is further
ORDERED that Plaintiff’s motion for conditional certification and equitable tolling
[docket #49] is GRANTED as set forth in the report and recommendation and opinion filed
herewith.
SO ORDERED.
/s/ JOEL A. PISANO
United States District Judge