Sarmiento-Perez v. Las Colinas International Inc et al

Filing 68

Order Accepting 67 Findings and Recommendation of the United States Magistrate Judge. Accordingly, the court strikes Plaintiff Gabriel Rodriguez's Notice of Filing Opt-In Consent Form (Doc. 45 ) and Plaintiff Travis Trujillo's Notice o f Filing Opt-In Consent Form for (Doc. 46 ); and dismissed without prejudice their claims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The court also denies as moot Defendant's Motion for a sanctions (Doc. 60 ). (Ordered by Judge Sam A Lindsay on 2/17/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
EARLY IVAN SARMIENTO-PEREZ,
et al.,
Plaintiffs,
v.
LAS COLINAS INTERNATIONAL,
INC., et al.,
Defendant.

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Civil Action No. 3:14-CV-1898-L

ORDER
Before the court is a Notice of Filing Opt-In Consent Form for Gabriel Rodriguez (Doc.
45), filed July 18, 2015; Notice of Filing Opt-In Consent Form for Travis Trujillo (Doc. 46), filed
August 13, 2015; and Defendants’ Motion for Sanctions (Doc. 60), filed October 10, 2016. On
December 28, 2016, United States Magistrate Judge Paul D. Stickney entered the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court strike Plaintiffs Gabriel Rodriguez and Travis Trujillo’s opt-in
consent forms and dismiss their claims for failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b); and that the Defendants’ Motion for Sanctions be denied as moot. There are no
objections to the Report.
Having reviewed the motion, record in this case, applicable law, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct, and accepts them
as those of the court. Accordingly, the court strikes Plaintiff Gabriel Rodriguez’s Notice of Filing
Opt-In Consent Form (Doc. 45) and Plaintiff Travis Trujillo’s Notice of Filing Opt-In Consent
Order – Page 1

Form for (Doc. 46); and dismisses without prejudice their claims for failure to prosecute pursuant
to Federal Rule of Civil Procedure 41(b). The court also denies as moot Defendant’s Motion for
a sanctions (Doc. 60).
It is so ordered this 17th day of February, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2