Jefferson County Association of Deputy Sheriffs and Corrections Officers et al v. Jefferson County, Texas

Filing 255

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION # 252 . Plaintiff Marlon Foots's claims in cause numbers 1:11cv48 and 1:11cv75 are dismissed without prejudice. The Clerk of Court is directed to close cause number 1:11cv75 and terminate Marlon Foots as a party in cause number 1:11cv48. Signed by Judge Marcia A. Crone on 6/4/13. (mrp, )

UNITED STATES DISTRICT COURT
JEFFERY T. BINGHAM, Individually
and On Behalf of All Others Similarly
Situated
Plaintiffs,
v.
JEFFERSON COUNTY, TEXAS, and
SHERIFF G. MITCH WOODS
Defendants.

EASTERN DISTRICT OF TEXAS

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NO. 1:11-CV-48 (Lead Case)
NO. 1:11-CV-75 (Member Case)

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On February 1, 2011, Jeffery T. Bingham filed the instant lawsuit (the “Bingham action”),
individually, and on behalf of all others similarly situated, against Defendant Jefferson County,
Texas (“the County”), pursuant to the Fair Labor Standards Act of 1938 (“FLSA”) 29 U.S.C. §§
201–219. See 1:11-CV-48, Doc. No. 1. On February 11, 2011, Plaintiff Marlon Foots filed a
separate action (“the Foots action”), individually, and on behalf of all others similarly situated,
against the Jefferson County Sheriff’s Office, and pursuant to the FLSA. See 1:11-CV-75, Doc.
No. 1. On June 29, 2011, the Court granted the County’s Unopposed Motion to Consolidate,
resulting in the consolidation of the Foots action into the Bingham action for all purposes. See
1:11-CV-48, Doc. No. 170; 1:11-CV-75, Doc. No. 14.
On October 2, 2012, the Court referred the consolidated case to the Honorable Zack
Hawthorn, United States Magistrate Judge, for all pretrial matters pursuant to an Order of
Reference. See 1:11-CV-48, Doc. No. 230. The Court has received and considered the report
(Doc. No. 252) of the magistrate judge, who recommends that the Court dismiss without
prejudice Marlon Foots’s claims in both cases for failure to prosecute and failure to comply with

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a court order. No objections to the report and recommendation have been filed. The Court’s
independent review confirms that the magistrate judge’s analysis is correct.
It is, therefore, ORDERED that the report and recommendation of the magistrate judge
(Doc. No. 252) is ADOPTED. Plaintiff Marlon Foots’s claims in cause numbers 1:11-CV-48
and 1:11-CV-75 are dismissed without prejudice. The Clerk of Court is directed to close cause
number 1:11-CV-75 and terminate Marlon Foots as a party in cause number 1:11-CV-48.

Signed this date.
Jun 4, 2013

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