Madanat v. First Data Corporation et al

Filing 74

MEMORANDUM AND ORDER; Presently before the court is a Report and Recommendation ("R&R") of the assigned Magistrate Judge, E. Thomas Boyle. The R&R recommends that Plaintiff's motion for class certification, pursuant to Rule 23 ofthe Fe deral Rules of Civil Procedure should be granted in part and denied in part. In particular, the R&R recommends that the motion should be granted with respect to Plaintiff's claim for declaratory relief and injunctive relief as it pertains to the Optional Liquidated Damages Clause contained in all of First Data's merchant agreements. In all other respects, the motion was recommendedto be denied. Additionally, the R&R recommends that Plaintiff be appointed class representative and that P laintiff's counsel be appointed class counsel.The R&R is dated May 3, 2012, and was filed on the Court's ECF system under docket entry number 71 , as of that date. The time to file objections having passed without receipt of such objection s, the R&R is hereby adopted. See 28 U.S.C. §636 (b)(l)(c); Fed. R. Civ. P. 72. The motion for conditional certification is granted. The Clerk of the Court is directed to take appropriate action as to docket entry number 71 .( Ordered by Judge Leonard D. Wexler on 7/16/2012. ) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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AZMIE MADANAT, on behalfofhimself
and all others similarly situated,
MEMORANDUM AND ORDER
Plaintiffs,
-againstFIRST DATA CORP. , et. al,
Defendants.

*

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LAN 0 0 F
WEXLER, District Judge:
LONG \ S

F \ C E.

Presently before the court is a Report and Recommendation ("R&R") of the assigned Magistrate
Judge, E. Thomas Boyle. The R&R recommends that Plaintiff's motion for class certification, pursuant
to Rule 23 ofthe Federal Rules of Civil Procedure should be granted in part and denied in part. In
particular, the R&R recommends that the motion should be granted with respect to Plaintiff's claim for
declaratory relief and injunctive relief as it pertains to the Optional Liquidated Damages Clause
contained in all of First Data's merchant agreements. In all other respects, the motion was recommended
to be denied. Additionally, the R&R recommends that Plaintiff be appointed class representative and that
Plaintiff's counsel be appointed class counsel.
The R&R is dated May 3, 2012 , and was filed on the Court's ECF system under docket entry
number 71, as ofthat date. The time to file objections having passed without receipt of such objections,
the R&R is hereby adopted. See 28 U.S.C. §636 (b)(l)(c); Fed. R. Civ. P. 72. The motion for conditional
certification is granted. The Clerk of the Court is directed to take appropriate action as to docket entry
number 71.

I

SO ORDERED
(

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f ·

VLEONARD D. WEiLER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
July 16,2012
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