Epps et al v. Scaffolding Solutions, LLC

Filing 96

ORDER. This court, having examined the Objections to the Magistrate Judge's R&R, and having made de novo findings with respect thereto, hereby OVERRULES IN PART and SUSTAINS IN PART Defendant's Objections and OVERRULES Plaintiffs' Obje ctions. The court ADOPTS and APPROVES IN PART the Magistrate Judge's thorough and well-reasoned R&R, including all recommendations, and MODIFIES IN PART the Magistrate Judge's factual findings as noted above. Accordingly, the court DENIES D efendant's Motion to Decertify, ECF No. 56; GRANTS IN PART and DENIES IN PART Defendant's Motion for Partial Summary Judgment, ECF No. 56; GRANTS Plaintiffs' Motion for Partial Summary Judgment, ECF No. 79; and DISMISSES AS MOOT Defendant's Motion to Dismiss, ECF No. 66. Signed by District Judge Rebecca Beach Smith on 6/7/2019. (jrin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

TONY EPFS, et al.,
Plaintiffs,
CIVIL ACTION NO. 2:17cv562

V.

SCAFFOLDING SOLUTIONS, LLC,
Defendant.
ORDER

These matters come before the court on Defendant's Motion for

Decertification and/or Partial Summary Judgment, ECF No. 56, and
corresponding

Memorandum

in

Support,

ECF

No.

57;

Defendant's

Motion to Dismiss, ECF No. 66, and corresponding Memorandum in
Support, ECF No 67; and Plaintiffs' Motion for Partial Summary

Judgment, ECF No. 79, and corresponding Memorandum in Support, ECF
No. 80.

The

court

referred

these

matters

to

United

States

Magistrate Judge Douglas E. Miller pursuant to the provisions of
28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b),

to conduct necessary hearings, including the hearing that was held
on March 7, 2019, and to submit to the undersigned district judge

proposed findings of fact, if applicable, and recommendations for
the disposition of the Motions. Feb. 12, 2019 Referral Order, ECF

No. 85; Feb. 15, 2019 Referral Order, ECF No. 87.