Begin v. The Lawn Beauticians, Inc. et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion for Judgment on the Pleadings filed by Alan Muoio, The Lawn Beauticians, Inc., Debbie Muoio, David Muoio, Forest Hills Nurseries, Corp., 21 Report and Recommendations,,, 10 Motio n to Amend/Correct filed by Wayne Begin, 14 Motion to Amend/Correct filed by Wayne Begin. Defendants' Motion for Judgment on the Pleadings 8 is granted in part and denied in part, all counts are dismissed except for Count I. Plaintiff� 39;s motion to amend Complaint 10 is granted in part and denied in part. Plaintiff's second motion to amend complaint 14 is granted. Plaintiff's effort to characterize Count I as a collective action on behalf of other defendants' employees is dismissed.. So Ordered by Senior Judge Ronald R. Lagueux on 1/5/2016. (Cavaco, Janice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

WAYNE BEGIN,
Plaintiff,
v.

C.A. No. 15-48L

THE LAWN BEAUTICIANS, INC.,
et al.,
Defendants.

O R D E R
There being no objection to the Report and Recommendation of
Magistrate Judge Lincoln D. Almond, dated November 3, 2015, the
Report and Recommendation hereby is accepted and adopted pursuant
to 28 U.S.C. § 636(b)(1)(B).
Accordingly, Defendants’ Motion for Judgment on the
Pleadings (Document #8) is granted in part and denied in part.
All counts of Plaintiff’s Complaint are hereby dismissed, except
for Count I.
Plaintiff’s motion to amend his Complaint (Document #10) is
hereby granted in part and denied in part.

The portion of the

motion which seeks to add additional allegations to Count I is
granted.

The portion of the motion which seeks to add additional

counts VIII, IX and X is denied.
Plaintiff’s second motion to amend his Complaint to add
additional factual allegations to Count I (Document #14) is
hereby granted.

Plaintiff’s effort to characterize Count I as a

collective action, on behalf of other of Defendants’ employees,
is dismissed.

ENTER:
/s/Ronald R. Lagueux
Ronald R. Lagueux
Senior U.S. District Judge
1/5/16