LYNN et al v. ARIA HEALTH SYSTEM et al

Filing 157

ORDER THAT DEFTS' MOTION TO DISMISS ADDRESSING COMMON LEGAL ISSUES (DOC #131) AND MOTION TO DISMISS ADDRESSING DEFT-SPECIFIC ISSUES (DOC #132) ARE GRANTED; AND IN VIEW OF THE DISMISSAL, THE FOLLOWING MOTIONS ARE DENIED AS MOOT: PLFFS' MOTIO N FOR EXPEDITED COLLECTION ACTION NOTIFICATION (DOC #99); AND PLFFS' MOTION FOR EXPEDITED HEARING ON PLFFS' MOTION FOR EXPEDITED NOTICE TO AFFECTED EMPLOYEES (DOC #102); AND PLFFS' MOTION TO STAY NON-FLSA CLAIMS (DOC #134). ( SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/11. ) 9/9/11 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
KENNETH LYNN, et al.,
:
Plaintiffs,
:
v.
:
CIVIL NO. 09-cv-5548
:
ARIA HEALTH SYSTEM, 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 Addressing Common Legal Issues [doc. no. 131]
and Motion to Dismiss Addressing Defendant-Specific Issues [doc. no. 132] are
GRANTED; and

2)

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

Plaintiffs’ Motion for Expedited Collective Action Notification [doc. no.
99];1 and,

b)

Plaintiffs’ Motion for Expedited Hearing on Plaintiffs’ Motion for
Expedited Notice to Affected Employees [doc. no. 102]; and,

c)
3)

Plaintiffs’ Motion to Stay Non-FLSA claims [doc. no. 134].

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.”