PADILLA-RUIZ et al v. COMTEK COMMUNICATION TECHNOLOGIES, INC., et al

Filing 91

OPINION AND FINAL ORDER. The court, having examined the Objections to the R&R filed by the parties, and having made de novo findings with respect thereto, hereby GRANTS COMTek's Objection, and OVERRULES Plaintiffs' Objection. Accordingly, COMTek's Motion for Summary Judgment, ECF No. 52, is GRANTED. Plaintiffs' suit is DISMISSED WITH PREJUDICE as to all counts. The Clerk shall enter judgment in favor of COMTek in accordance with this Opinion and Final Order. Signed by District Judge Rebecca Beach Smith on 1/9/2019. (jrin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Norfolk Division

RAUL PADILLA-RUIZ, et al.,
Plaintiffs,

V.

CIVIL ACTION NO. 2:16cv630

COMMUNICATION TECHNOLOGIES, INC.,
Defendant.

OPINION and FINAL ORDER

On May 31, 2018, Communication Technologies C'COMTek") filed
a

Motion

for Summary

Judgment

(^"Motion"). EOF No. 52. COMTek

asserts that it is entitled to judgment as a matter of law on

Plaintiffs' two remaining claims against COMTek, which are a claim
pursuant to the Uniformed Services Employment and Reemployment

Rights Act (^^USERRA"), and a Puerto Rico tort law claim. See id.;
EOF No. 53. The Motion was referred to a United States Magistrate
Judge. EOF No. 73. The United States Magistrate Judge's Report and
Recommendation

(^'R&R"),

was

filed

on

September 17,

2018.

EOF

No. 81.

The R&R recommends that COMTek's Motion should be denied as

to

Padilla-Ruiz's

USERRA

claim,

but

should

be

granted

as

to

Plaintiffs' tort claim. R&R at 1, EOF No. 81.^ COMTek objects to

^ Padilla-Ruiz's spouse and the couple's ''conjugal partnership"
have joined as plaintiffs to the tort claim. However, Padilla-Ruiz
is the only plaintiff who raises the USERRA claim against COMTek.