Scott v. Chipotle Mexican Grill, Inc., No. 1:2012cv08333 - Document 1053 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER: For the reasons outlined above, plaintiffs' limited objections to the R & R are granted. The parties have not filed objections to the remainder of the R & R. Having reviewed the portions of the R & R to which no objection was made, the Court finds no clear error in these portions. Accordingly, the Court adopts in part and modifies the Report and Recommendation. Defendants' motion is granted in part and denied in part. With the exception of the eleven plaintiff s that objected to the R & R, the unresponsive plaintiffs' FLSA claims are dismissed with prejudice. The withdrawing plaintiffs' motion is granted. Their FLSA Claims are dismissed without prejudice and tolled for 60 days following dismissal. All of these plaintiffs' rights to participate in the Rule 23 state law class actions are preserved. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 2/1/2016) (kgo)