DINAPOLI et al v. INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES LOCAL 8 et al

Filing 29

ORDER THAT THE THEATRE DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART; THE UNION DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED; AND COUNTS III, IV, V, VI AND VII ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/19/10. 5/19/10 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ SALVATORE DiNAPOLI, MICHELLE NEESE, and CHRISTOPHER FLYNN, Plaintiffs, v. : : : : : : :

CIVIL ACTION

No. 09-5924

INTERNATIONAL ALLIANCE OF : THEATRICAL STAGE EMPLOYEES LOCAL 8, : et al., : : Defendants. : __________________________________________: ORDER AND NOW, this 19th day of May, 2010, upon consideration of Defendants The Walnut Street Theatre, Roy Backes, and Bernard Havard's (collectively, the "Theatre Defendants") Motion to Dismiss (Doc. No. 22) and Defendants International Alliance of Theatrical Stage Employees Local 8, Michael Barnes, Francis O'Shea's ("O'Shea") (collectively, the "Union Defendants") Motion for Judgment on the Pleadings (Doc. No. 25), and the Responses and Replies thereto, it is hereby ORDERED as follows: (1) the Theatre Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART; (2) the Union Defendants' Motion for Judgment on the Pleadings is GRANTED; and

(3)

Counts III, IV, V, VI and VII are DISMISSED WITH PREJUDICE.

BY THE COURT:

/s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE

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