SPELLMAN et al v. AMERICAN EAGLE EXPRESS, INC.

Filing 173

ORDER THAT DEFENDANT AMERICAN EAGLE EXPRESS, INC.'S (AEX) MOTION TO DECERTIFY COLLECTIVE ACTION 146 IS GRANTED. THE CONDITIONALLY CERTIFIED COLLECTIVE CLASS IS DECERTIFIED, AND ALL INDIVIDUALS WHO HAVE CONSENTED TO JOIN THIS LAWSUIT PURSUANT T O 29 U.S.C. 216(b) ARE DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT AEX'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPROT OF MOTION TO DECERTIFY COLLECTIVE ACTION 163 IS DENIED AS MOOT. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/14/13. 3/14/13 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLINTON SPELLMAN, et al.,
On Behalf of Themselves and All Others
Similarly Situated

CIVIL ACTION
No. 10-1764

v.

FILED

AMERICAN EAGLE EXPRESS, INC.,
Doing Business as AEXGROUP

MAR 1 4 2013
MICHAEL E. KUNZ, Clerk

By

Dep. Clerk

ORDER
AND NOW, this 14th day of March, 2013, it is ORDERED Defendant American Eagle
Express, Inc.'s (AEX) Motion to Decertify Collective Action (Document 146) is GRANTED.
The conditionally certified collective class is DECERTIFIED, and all individuals who have
consented to join this lawsuit pursuant to 29 U.S.C. § 216(b) are DISMISSED without prejudice.
It is further ORDERED AEX's Motion for Leave to File Supplemental Brief in Support

ofMotion to Decertify Collective Action (Document 163) is DENIED as moot.

BY THE COURT: