Garcia Sanchez v. R&R Multi-Trade Construction Services, LLC

Filing 32

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, for 31 Report and Recommendation, 29 Motion for Reconsideration, filed by Victor Garcia Sanchez. ORDERED, ADJUDGED AND DECREED that Plaintiffs' Motion to Reconsider (Dkt. #29) is GRANTED, the Magistrate Judge's Report and Recommendation entered on September 26, 2017 (Dkt. #15), is WITHDRAWN, and the Court's Order dismissing Plaintiffs' Nevada state law claim (Dkt. #17) is VACATED. Plaintiffs shall be permitted to pursue their Nevada state law claims in this action. Signed by District Judge Amos L. Mazzant, III on 1/8/2018. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

VICTOR GARCIA SANCHEZ and VICTOR
GARCIA CABRERA, on Behalf of Themselves
and on Behalf of All Other Similarly Situated,
Plaintiffs,
v.
R&R MULTI-TRADE CONSTRUCTION
SERVICES, LLC, JOSE ROBERTO GALVAN,
and BRIAN REGAL
Defendants.

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Case No. 4:17-CV-469-ALM-KPJ

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On December 20, 2017, the report of the Magistrate Judge (Dkt. #31) was entered containing
proposed findings of fact and recommendations that Plaintiffs’ Motion for Reconsideration (Dkt.
#29), seeking reconsideration of the Court’s Order dismissing their Nevada state law claims for
failure to pay overtime, be granted.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiffs’
Motion to Reconsider (Dkt. #29) is GRANTED, the Magistrate Judge’s Report and
Recommendation entered on September 26, 2017 (Dkt. #15), is WITHDRAWN, and the Court’s

.
Order dismissing Plaintiffs’ Nevada state law claim (Dkt. #17) is VACATED. Plaintiffs shall be
permitted to pursue their Nevada state law claims in this action.
IT IS SO ORDERED.
SIGNED this 8th day of January, 2018.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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