FRATTAROLA et al v. MERCY HEALTH SYSTEM OF SOUTHEASTERN PENNSYLVANIA et al

Filing 185

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 146) IS GRANTED. PLAINTIFFS' MOTION FOR EXPEDITED COLLECTIVE ACTION NOTIFICATION (DOC. NO. 114), PLAINTIFFS' MOTION FOR EXPEDITED HEARING ON PLAINTIFFS' MOTION FOR EXPEDITED NOTICE TO AFFECTED EMPLOYEES (DOC. NO. 117), AND PLAINTIFFS' MOTION TO STAY NON-FLSA CLAIMS (DOC. NO. 150) ARE DENIED AS MOOT. THE PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS GRANTED. THE PLAINTIFFS HAVE THIRTY DAYS TO FILE A SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/2011. 9/9/2011 ENTERED AND COPIES EMAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
SUSAN FRATTAROLA, et al.,
:
Plaintiffs,
:
v.
:
CIVIL NO. 09-cv-5533
:
MERCY HEALTH SYSTEM OF
:
SOUTHEASTERN PENNSYLVANIA, et al.,
:
Defendants.
:
__________________________________________:
ORDER
AND NOW, this 8th day of September 2011, upon consideration of this Court’s
attached Memorandum Opinion and Order, and for the reasons stated therein and hereby incorporated,
it is hereby ORDERED:
1)

Defendants’ Motion to Dismiss is GRANTED [doc. no. 146]; and

2)

In view of the dismissal, the following motions are DENIED AS MOOT
a)

Plaintiffs’ Motion for Expedited Collective Action Notification [doc.
no. 114];1 and,

b)

Plaintiffs’ Motion for Expedited Hearing on Plaintiffs’ Motion for
Expedited Notice to Affected Employees [doc. no. 117]; and,

c)
3)

Plaintiffs’ Motion to Stay Non-FLSA claims [doc. no. 150].

The Plaintiffs’ request for leave to amend is GRANTED. The plaintiffs have
thirty days to file a second amended complaint

It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.
1

This motion was improperly docketed as a “Motion to Certify.”