MOORE v. RITE AID HDQTRS CORP. et al

Filing 76

ORDER THAT PART OF DEFT'S MOTION TO DISMISS UNDER F.R.C.P. 12(b)(1) SEEKING TO DISMISS NAMED PLFF KYRA MOORE'S INDIVIDUAL CLAIMS IN COUNT I OF THE FIRST AMENDED CLASS ACTION COMPLAINT IS GRANTED & THOSE CLAIMS ARE DISMISSED WITH PREJUDICE. THAT PART OF DEFT'S MOTION TO DISMISS UNDER F.R.C.P. 12(b)(1) SEEKING TO DISMISS THE CLAIMS OF THE PUTATIVE CLASS IN COUNT I OF THE FIRST AMENDED CLASS ACTION COMPLAINT IS GRANTED & THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. DEFT'S ALTERNATIVE MOTION FOR SUMMARY JUDGMENT IS DENIED AS MOOT. PLFF'S MOTION FOR CLASS CERTIFICATION IS DENIED, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/20/17. 12/21/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KYRA MOORE, on behalf of herself and
others similarly situated,
Plaintiff,

CIVIL ACTION

v.
NO. 13-1515
RITE AID HDQTRS CORP., doing business
as “RITE AID CORPORATION,”
Defendant.
ORDER
AND NOW, this 20th day of December, 2017, upon consideration of plaintiff’s Motion
for Class Certification (Doc. No. 54, filed August 2, 2016), plaintiff’s Praecipe to Substitute the
Proposed Order to Plaintiff’s Motion for Class Certification (Doc. No. 56, filed August 5, 2016),
defendant’s Memorandum in Opposition to Plaintiff’s Motion for Class Certification (Doc. Nos.
57-58, filed September 9 and 12, 2016), plaintiff’s Reply in Further Support of Her Motion for
Class Certification (Doc. No. 60, filed September 30, 2016), defendant’s Sur-Reply in Further
Opposition to Plaintiff’s Motion for Class Certification (Doc. No. 64, filed October 14, 2016),
defendant’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) or, in the Alternative, for
Summary Judgment (Doc. Nos. 65, 67, filed December 6-7, 2016), defendant’s Statement of
Undisputed Facts in Support of Its Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) or, in the
Alternative, for Summary Judgment (Doc. No. 66, filed December 7, 2016), plaintiff’s Response
in Opposition to Defendant Rite Aid Hdqrtrs. Corp.’s Motion to Dismiss Under Fed. R. Civ. P.
12(b)(1) or, in the Alternative, for Summary Judgment (Doc. No. 69, filed December 23, 2016),
plaintiff’s Response to Defendant Rite Aid’s Statement of Undisputed Facts in Support of Its
Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) or, in the Alternative, for Summary Judgment
(Doc. No. 70, filed December 23, 2016), defendant’s Reply Memorandum in Further Support of

Its Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1), or in the Alternative, for Summary
Judgment (Doc. Nos. 71-72, filed January 5-6, 2017), and plaintiff’s Notice of Supplemental
Authority in Support of Plaintiff’s Motion to Certify Class and in Support of Plaintiff’s
Opposition to Defendant’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) or, in the
Alternative, for Summary Judgment (Doc. No. 74, filed August 16, 2017), for the reasons stated
in the accompanying Memorandum dated December 20, 2017, IT IS ORDERED as follows:
1.

That part of defendant’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1)

seeking to dismiss named plaintiff Kyra Moore’s individual claims in Count I of the First
Amended Class Action Complaint is GRANTED and those claims are DISMISSED WITH
PREJUDICE;
2.

That part of defendant’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1)

seeking to dismiss the claims of the putative class in Count I of the First Amended Class Action
Complaint is GRANTED and those claims are DISMISSED WITHOUT PREJUDICE;
3.

Defendant’s alternative Motion for Summary Judgment is DENIED as MOOT;

4.

Plaintiff’s Motion for Class Certification is DENIED;

and,

IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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