LYNN et al v. JEFFERSON HEALTH SYSTEM, INC. et al

Filing 342

MEMORANDUM OPINION/ORDER THAT THE JEFFERSON DEFENDANTS MOTION TO DIMISS, THE EINSTEIN DEFENDANTS MOTION TO DISMISS AND THE JEFFERSON DEFENDANTS INDIVIDUAL MOTION TO DISMISS ARE GRANTED. IN VIEW OF THE DISMISSAL THE FOLLOWING MOTIONS ARE DENIED AS MO OT: PLAINTIFFS MOTION FOR EXPEDITED COLLECTIVE ACTION NOTIFICATION, AND PLAINTIFFS MOTION FOR EXPEDITED HEARING ON PLAINTIFFS MOTION FOR EXPEDITED NOTICE TO AFFECTED EMPLOYEES AND PLAINTIFFS MOTION TO STAY NON-FLSA CLAIMS AND DEFENDANTS MOTION TO QUA SH PLAINTIFFS' THIRD-PARTY SUBPOENAS. THE PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS GRANTED. THE PLAINTIFFS HAVE 30 DAYS TO FILE A SECOND AMENDE COMPLAINT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/2011. 9/8/2011 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
:
:
:
:
JEFFERSON HEALTH SYSTEM, et al.,
:
Defendants.
:
__________________________________________:
KENNETH LYNN, et al.,
Plaintiffs,
v.

CIVIL NO. 09-5549

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)

The Jefferson Defendants’ Motion to Dismiss [doc. no. 294], the Einstein
Defendants’ Motion to Dismiss [doc. no. 292], and the Jefferson Defendants’
Individual Motion to Dismiss [doc. no. 295] are GRANTED.

2)

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

Plaintiffs’ Motion for Expedited Collective Action Notification [doc. no.
246];1 and,

b)

Plaintiffs’ Motion for Expedited Hearing on Plaintiffs’ Motion for
Expedited Notice to Affected Employees [doc. no. 249]; and,

c)

Plaintiffs’ Motion to Stay Non-FLSA claims [doc. no. 304]; and

d)

Defendants’ Motion to Quash Plaintiffs’ Third-Party Subpoenas [doc. no.
228].

3)

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.”