Henry v. Dish Network L.L.C.

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION 37 AND GRANTING INPART AND DENYING IN PART 31 PLAINTIFF'S MOTION TO CERTIFY CLASS. Signed by Judge J. Daniel Breen on 9/28/12. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JASON HENRY and others similarly
situated,
Plaintiffs,
v.

No. 11-1376

DISH NETWORK, L.L.C.,
Defendant.
_____________________________________________________________________________
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING IN
PART AND DENYING IN PART PLAINTIFF'S MOTION TO CERTIFY CLASS
____________________________________________________________________________
Pursuant to an order of reference entered on June 1, 2012, the magistrate judge issued a
report and recommendation dated July 26, 2012 (D.E. 37) on the motion of the Plaintiff, Jason
Henry, for approval of 29 U.S.C. § 216(b) notice and consent forms and to order disclosure of
current and former employees (D.E. 31). The magistrate judge recommended that the motion be
granted. It was further recommended that the parties meet and confer in good faith regarding the
specifics of the notice and to pursue conditional certification for a three-year period. The magistrate
judge recommended that this meeting occur as soon as practicable, no later than thirty days from
entry of an order of the district judge adopting the report and recommendation. Finally, it was
recommended that Plaintiff's request for equitable tolling be denied without prejudice to refiling
when the issue arises with respect to specific potential class members. No objections to the report
and recommendation have been filed by either party.1
Having reviewed the magistrate judge's report and recommendation, and the entire record

1

The time for such objections expired September 25, 2012.

of the proceeding before the magistrate judge, the Court ADOPTS the magistrate judge's report and
recommendation. The Plaintiff's motion is GRANTED IN PART AND DENIED IN PART as set
forth in the report and recommendation. The meeting of the parties contemplated in the report and
recommendation shall occur no later than thirty days from the entry of this order.
IT IS SO ORDERED this 28th day of September 2012.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

2