PADILLA-RUIZ et al v. COMTEK COMMUNICATION TECHNOLOGIES, INC., et al
| RAUL PADILLA-RUIZ, VIVIAN J. FRANCESCHINI-RODRIGUEZ and CONJUGAL PARTNERSHIP (Legal Society of Earnings) |
| COMTEK COMMUNICATION TECHNOLOGIES, INC., JOHN CRAY, JOHN DOE and RICHARD ROE |
| 2:2016cv00630 |
| October 26, 2016 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of Country |
| Robert J. Krask |
| Rebecca Beach Smith |
| Other Labor Litigation |
| 38 U.S.C. ยง 4301 |
| Plaintiff |
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Filing
91
OPINION AND FINAL ORDER. The court, having examined the Objections to the R&R filed by the parties, and having made de novo findings with respect thereto, hereby GRANTS COMTek's Objection, and OVERRULES Plaintiffs' Objection. Accordingly, COMTek's Motion for Summary Judgment, ECF No. 52, is GRANTED. Plaintiffs' suit is DISMISSED WITH PREJUDICE as to all counts. The Clerk shall enter judgment in favor of COMTek in accordance with this Opinion and Final Order. Signed by District Judge Rebecca Beach Smith on 1/9/2019. (jrin)
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Filing
47
ORDER re 34 Report and Recommendations; granting in part and denying in part 22 First Motion to Dismiss for Failure to State a Claim. The court does hereby SUSTAIN the objection to the R&R filed by COMtek with respect to the Puerto Rico labo r law claim. Accordingly, the Puerto Rico labor law claim is DISMISSED for failure to state a claim upon which relief may be granted. Further, the court DENIES COMtek's Motion to Dismiss the Plaintiffs' Puerto Rico tort law claim for failur e to state a claim upon which relief may be granted. Additionally, the court, REJECTS the findings set forth in the R&R regarding the timeliness of the USERRA claim, and FINDS that the claim is not time-barred and may proceed. Accordingly, the cou rt GRANTS IN PART and DENIES IN PART COMtek's Motion to Dismiss. The case will go forward on the USERRA and Puerto Rico tort law claims. A copy of this order was forwarded to all parties on 2/15/18. Signed by Chief District Judge Rebecca Beach Smith and filed on 2/15/18. (tbro)
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