DUNCHESKIE et al v. TEMPLE UNIVERSITY HEALTH SYSTEM, INC. et al

Filing 218

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 192) IS GRANTED. PLAINTIFFS MOTION FOR EXPEDITED COLLECTIVE ACTION NOTIFICATION (DOC. 165), PLAINTIFFS MOTION FOR EXPEDITED HEARING ON PLAINTIFFS MOTION FOR EXPEDITED NOTICE TO AFFECTED EMP LOYEES (DOC. 168), PLAINTIFFS MOTION TO STAY NON-FLSA CLAIMS (DOC. 196) AND DEFENDANTS MOTION TO STRIKE AFFIDAVIT IN SUPPORT OF MOTION (DOC. 177) ARE ALL DENIED AS MOOT. PLAINTIFFS REQUEST FOR LEAVE TO AMEND IS GRANTED. PLAINTIFFS HAVE 30 DAYS TO FILE A 2ND AMENDED COMPLAINT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/11. 9/9/11 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
:
JOHN DUNCHESKIE, et al.,
:
Plaintiffs,
:
v.
:
CIVIL NO. 09-5551
:
TEMPLE UNIVERSITY HEALTH SYSTEM, :
INC., 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 [doc. no. 192] is GRANTED:

2)

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

Plaintiffs’ Motion for Expedited Collective Action Notification [doc.
no. 165];1 and,

b)

Plaintiffs’ Motion for Expedited Hearing on Plaintiffs’ Motion for
Expedited Notice to Affected Employees [doc. no. 168]; and,

c)

Plaintiffs’ Motion to Stay Non-FLSA claims [doc. no. 196]; and

d)

Defendants’ Motion to Strike Affidavit in Support of Motion [doc.
no. 177].

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.”