RUDD v. T.L. CANNON CORP

This matter is brought pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, and was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

No objections to the January 4, 2011 Report-Recommendation have been raised. After examining the record, this Court has determined that 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.

It is, therefore, ORDERED that:

(1) Certification of this action as a collective action for purposes of the FLSA is GRANTED IN PART, as stated in Judge Peebles' Report-Recommendation; (2) Plaintiffs' motion for class certification under Federal Rule of Civil Procedure 23 with regard to the claims under New York Labor Law are DENIED without prejudice; (3) Plaintiffs are permitted to engage in discovery initially focusing upon the Rule 23 certifications issues; and (4) The parties negotiate and submit to the Court, within thirty days, either a form collective action notice acceptable to both parties or, alternatively, counter-proposed language for inclusion in such a notice. IT IS SO ORDERED.

Dated: March 3, 2011