Lorenzo v. Prime Communications, L.P.

Filing 223

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS for 214 Memorandum and Recommendations, regarding 212 Notice of Acceptance of Rule 68(a) Offers of Judgment. The judgment shall be entered as follows: IT IS ORDERED, ADJUDGED AND DECREED that Plaint iff [plaintiff's name] shall have and recover of Defendant Prime Communications, L.P., judgment in the amount of $[amount of judgment], exclusive of costs, on his/her claim under the Fair Labor Standards Act. Furthermore, each of the afores aid plaintiffs shall be allowed fourteen (14) days from the entry of judgment to submit a bill of costs pursuant to Rule 54(d)(1) and any post-judgment motions for other costs or expenses pursuant to Rule 54(d)(2). Signed by Senior Judge Malcolm J. Howard on 10/26/2016. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:12-CV-69-H

ROSE LORENZO, on behalf of
herself and all others
similarly situated,
Plaintiff,
v.

ORDER

PRIME COMMUNICATIONS, L.P., a
Texas General Partnership,
Defendant.

This
U.S. C.

is

an action under the

2 01 et seq.,

§§

( "FLSA")

Fair Labor Standards Act,

29

and the North Carolina Wage and

Hour Act, N.C. Gen. Stat. §§ 95-25.1 et seq., brought by Plaintiff
Rose Lorenzo against her former employer,

Prime Communications,

L.P. The court previously entered orders conditionally certifying
Plaintiff's FLSA claim as a collective action pursuant to 29 U.S.C.
§

216 (b)

[DE #74] and certifying a Rule 23 class as to Plaintiff's

state-law claims [DE #94].

Presently before the court are offers

of judgment made to and accepted by nineteen individuals who have
opted-in to the FLSA collective action.
United
memorandum

States
and

Magistrate

recommendation

Judge

Kimberly A.

( "M&R")

on

Swank

September

filed

14,

a

2 016,

recommending this court direct the clerk to enter judgment as to

the accepted offers of judgment.

No objections have been filed,

and the time for doing so has expired.
Therefore,
pertinent

the

documents

court
of

having

record

reviewed

finds

the

the

M&R

and

other

recommendation of the

magistrate judge is in accordance with law and should be approved.
Therefore,

the court adopts the findings of the M&R as its own

and hereby directs the clerk to enter final

judgment as to the

nineteen accepted offers of judgment addressed by the M&R.

The

judgment shall be entered as follows:
IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff
[plaintiff's name] shall have and recover of Defendant
Prime Communications, L.P., judgment in the amount of
$[amount of judgment], exclusive of costs, on
his/her
claim under the Fair Labor Standards Act.
Furthermore,

each

of

the

aforesaid

plaintiffs

shall

be

allowed fourteen (14) days from the entry of judgment to submit a
bill of costs

pursuant to Rule

54 (d) ( 1)

and any post-judgment

motions for other costs or expenses pursuant to Rule 54 (d) ( 2) .
This

2.0 e day

of October 201

hnt-e~
MALCOLM J.
Senior United States District Judge

At Greenville, NC
#26