Rudd et al v. T.L. Cannon Corp. et al

Filing 75

DECISION AND ORDER adopting 67 Report and Recommendations. Ordered that the claims brought by pltf's Arnold, Bailey, Major, Manderville, Montouri, Ellison, McCellan, Novobilski, Turner, S. Konop, and R. Konop are dismissed. Ordered that within 21 days of the date of this order pltf's Longo, Roach, Titchen, Capra, Mariani, Hill, McBride, and Sukup serve upon defts' counsel verifications to accompany their responses to defts' first set of interrogatories. Ordered that the pa rties confer and mutually agree upon the taking of depositions of up to 6 of the remaining pltfs in this action, at mutually convenient dates, times, and locations within 30 days of the date of this order. If these pltfs fail to respond, their claims will be dismissed. Signed by Senior Judge Thomas J. McAvoy on 6/13/12. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MATTHEW ROACH, MELISSA LONGO,
GARRETT TITCHEN, and CHRISTINA APPLE
Plaintiffs,
v.

10-CV-0591

T.L. CANNON CORP., d/b/a Applebees,
T.L. CANNON MANAGEMENT CORP.,
TLC WEST, LLC, TLC CENTRAL, LLC
TLC UTICA, LLC, TLC EAST, LLC,
TLC NORTH LLC, DAVID A. STEIN,
MATTHEW J. FAIRBAIRN, AND
JOHN A. PERRY
Defendants.
-------------------------------THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. David E. Peebles, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1). Before the Court is Judge Peebles’ ReportRecommendation regarding the dismissal of claims made on behalf of various of the plaintiffs
based on their failure to comply with discovery demands and discovery-related court orders.
No objections to the May 15, 2012 Report-Recommendation have been raised.
After examining the record, the Court has determined the Report-Recommendation is not
subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the
Report-Recommendation for the reasons stated therein.
Therefore, it is hereby

ORDERED that the claims brought by plaintiffs Edward B. Arnold, Shiree A. Bailey,
Morgan A. Major, Courtney Manderville, Joan Montouri, Matt Ellison, Brittany McCellan,
Jessica Novobilski, Christine Turner, Sara Konop, and Ryan J. Konop in this action are
DISMISSED; and it is further
ORDERED that within twenty-one days of the date of this order plaintiffs Melissa
Longo, Matthew Roach, Garrett Titchen, Jennifer Capra, Nicole Mariani, Rebecca Hill, Josiah
Mc Bride, and Diane Sukup serve upon defendants’ counsel verifications to accompany their
responses to defendants’ first set of interrogatories; and it is further
ORDERED that the parties confer and mutually agree upon the taking of
depositions of up to six of the remaining plaintiffs in this action, at mutually convenient dates,
times, and locations within thirty days of the date of this order. If these plaintiffs fail to
respond, their claims will be dismissed from the suit.
Dated: June 13, 2012

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