Perez Perez v. Escobar Construction, Inc.
- Laura Swain
- 1:20-cv-08010
- U.S. District Court · Southern District of New York
- 2
In Perez Perez v. Escobar Construction, Judge Swain adopted the recommendation, granted decertification, and dismissed opt-in plaintiffs’ claims without prejudice.
The defendants, the collective action, the opt-in plaintiffs, the named plaintiffs, and plaintiffs’ counsel. The opt-in plaintiffs’ claims were dismissed without prejudice, and plaintiffs’ counsel was required to serve them with the order and file proof of service within seven days.
What happened
In Perez Perez v. Escobar Construction, the court reviewed a magistrate judge’s recommendation concerning the defendants’ request to end the collective action and dismiss the claims of plaintiffs who had joined it.
No objections were filed. Because there were no objections, the court reviewed the recommendation for clear error—an obvious mistake in the record—and found none.
Judge Swain adopted the recommendation in full, granted the defendants’ motion to decertify the collective action, and dismissed the opt-in plaintiffs’ claims without prejudice. Plaintiffs’ counsel must serve the order on each opt-in plaintiff and file proof of service within seven days.
The detailed version
- Perez Perez v. Escobar Construction, Inc. · No. 1:20-cv-08010
- Laura Swain
- Aug. 22, 2024
Background
Marco Antonio Perez Perez and Jose Eduardo Sanchez Arias were the named plaintiffs. The defendants moved to decertify the collective action and to dismiss the claims of the opt-in plaintiffs without prejudice. The opinion does not describe the underlying claims or the reasons supporting the motion; it adopts a prior report and recommendation for those reasons.
Report and Recommendation
Magistrate Judge Gabriel W. Gorenstein issued a June 9, 2023, Report and Recommendation recommending that the court grant the defendants’ motion. No objections to the report were received.
When no timely objection is filed, the district court reviews the report for clear error on the face of the record. The court stated that it had carefully reviewed the report and found no clear error.
Ruling
The court adopted the Report and Recommendation in its entirety. It granted the defendants’ motion to decertify the collective action and to dismiss the opt-in plaintiffs’ claims without prejudice. The order resolved docket entry number 247.
The court also directed the Clerk of Court to amend the case caption as indicated in the order. Plaintiffs’ counsel was directed to serve a copy of the order on each opt-in plaintiff and file proof of service within seven days of the order’s date.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.