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Colozzi v. St. Joseph's Hospital Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 27, 2010

ROBERT COLOZZI, ET AL., PLAINTIFFS,
v.
ST. JOSEPH'S HOSPITAL CENTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

The named plaintiffs brought this action in November 2008, asserting a variety of federal and state law claims. By Report-Recommendation dated July 20, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for dismissal of all claims of the thirteen named opt-in plaintiffs who have failed to answer court approved interrogatories (Dkt. No. 268) be granted, and that the following plaintiffs' claims against the defendants in this action be dismissed subject to their right, should class certification be granted, to participate as class members in the action if deemed appropriate by the court:

1. Veronica Benz

2. Celinda Case

3. Robin Dunagan

4. Deane J. Engleman

5. Lisa Marie Finlay (Cosma)

6. Marie Granato

7. Denise Haley

8. Mary K. Johnson

9. Daniel Knapp

10. Joanne Niemann

11. Mary Phelan

12. Renee Steetes

13. Patricia Talarico

The plaintiffs have filed timely objections to the Report-Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for dismissal of all claims of the thirteen named opt-in plaintiffs who have failed to answer court approved interrogatories (Dkt. No. 268) is GRANTED;

2. The following plaintiffs' claims against the defendants in this action are DISMISSED subject to their right, should class certification be granted, to participate as class members in the action if deemed appropriate by the court:

1. Veronica Benz

2. Celinda Case

3. Robin Dunagan

4. Dean J. Engleman

5. Lisa Marie Finlay (Cosma)

6. Marie Granato

7. Denise Haley

8. Mary K. Johnson

9. Daniel Knapp

10. Joanne Niemann

11. Mary Phelan

12. Renee Steetes

13. Patricia Talarico

IT IS SO ORDERED.

20100827

© 1992-2010 VersusLaw Inc.



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