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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?