Summary
dismissing claims of certain opt-in plaintiffs who failed to appear for a scheduled deposition, failed to cooperate in scheduling depositions, and failed to respond to written discovery, after the court issued an order directing them to do so and warning that failure to comply would result in a recommendation of dismissal
Summary of this case from Ballast v. Workforce7 Inc.Opinion
10-CV-0591
06-13-2012
MATTHEW ROACH, MELISSA LONGO, GARRETT TITCHEN, and CHRISTINA APPLE Plaintiffs, v. T.L. CANNON CORP., d/b/a Applebees, T.L. CANNON MANAGEMENT CORP., TLC WEST, LLC, TLC CENTRAL, LLC TLC UTICA, LLC, TLC EAST, LLC, TLC NORTH LLC, DAVID A. STEIN, MATTHEW J. FAIRBAIRN, AND JOHN A. PERRY Defendants.
THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1). Before the Court is Judge Peebles' Report-Recommendation regarding the dismissal of claims made on behalf of various of the plaintiffs based on their failure to comply with discovery demands and discovery-related court orders.
No objections to the May 15, 2012 Report-Recommendation have been raised. After examining the record, the Court has determined the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
Therefore, it is hereby
ORDERED that the claims brought by plaintiffs Edward B. Arnold, Shiree A. Bailey, Morgan A. Major, Courtney Manderville, Joan Montouri, Matt Ellison, Brittany McCellan, Jessica Novobilski, Christine Turner, Sara Konop, and Ryan J. Konop in this action are DISMISSED; and it is further
ORDERED that within twenty-one days of the date of this order plaintiffs Melissa Longo, Matthew Roach, Garrett Titchen, Jennifer Capra, Nicole Mariani, Rebecca Hill, Josiah Mc Bride, and Diane Sukup serve upon defendants' counsel verifications to accompany their responses to defendants' first set of interrogatories; and it is further
ORDERED that the parties confer and mutually agree upon the taking of depositions of up to six of the remaining plaintiffs in this action, at mutually convenient dates, times, and locations within thirty days of the date of this order. If these plaintiffs fail to respond, their claims will be dismissed from the suit.
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Thomas J. McAvoy
Senior, U.S. District Judge