PARKER v. 4247 FX, INC. et al

Filing 26

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [ECF #12] IS GRANTED AS TO PLAINTIFFS' CLAIMS AGAINST ALL JOHN DOE DEFENDANTS, AS WELL AS CLAIMS AGAINST 4247 FX, INC., JOYCE PRENTIS, AND ALAN H. KLEIN IN THEIR INDIVIDUAL CAPACITIES, AND SAID CLAIMS ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION IS GRANTED AS TO AND COUNTS II,III AND IX, AND SAID CLAIMS ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION IS GRANTED AS TO COUNTS I AND IV, AS WELL AS TO PLAINTIFFS' F LSA INDIVIDUAL LIABILITY CLAIMS AGAINST DEFENDANTS GARY KERSTEIN AND MARLA KLEIN KERSTEIN AND SAID CLAIMS ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND; DEFENDANTS' MOTION IS GRANTED AS TO COUNTS V,VI,VII, AND VIII, IN ACCORDANCE WITH FOOTNOTE 9 OF THIS COURT'S ACCOMPANYING MEMORANDUM; AND, ON OR BEFORE 6/2/17, PLAINTIFFS SHALL EITHER PROPERLY FILE A SECOND AMENDED COMPLAINT OR THE PARTIES SHALL JOINTLY NOTIFY THIS COURT THAT THEY WISH TO PARTICIPATE IN EITHER A SETTLEMENT CONFERENCE WITH A MAGISTRATE JUDGE, COURT-ANNEXED MEDIATION, OR ANY OTHER MEANS OF ALTERNATIVE DISPUTE RESOLUTION.SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/12/17. 5/12/17 ENTERED & E-MAILED. COPIES MAILED TO W. PARKER, G.R. PARKER. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WALTER PARKER and
GORDON ROY PARKER
Plaintiffs,

:

:
v.
4247 FX, INC., a Pennsylvania Corporation;
GARY KERSTEIN, a Pennsylvania Resident;
JOYCE PRENTISS, a Pennsylvania Resident;
MARLA KLEIN KERSTEIN, a Pennsylvania
Resident; ALAN H. KLEIN, a Pennsylvania
Resident; FAIRFAX APARTMENTS
ASSOCIATES, a Pennsylvania Corporation;
and, JOHN DOES #1-10
Defendants.

:

CIVIL ACTION
NO. 16-2710

:

:

ORDER
AND NOW, this 12th day of May, 2017, upon consideration of 4247 FX, Inc., Fairfax
Apartments Associates, Fairfax Apartments Associates, John Does #1-10, Gary Kerstein, Alan
H. Klein, Alan H. Klein, and Marla Klein Kerstein’s Motion to Dismiss [Plaintiffs’ Amended
Complaint] For Failure to State a Claim (ECF No. 12) and Plaintiffs’ Opposition thereto (ECF
No. 15), it is hereby ORDERED as follows:
(1)

Defendants’ Motion is GRANTED as to Plaintiffs’ claims against all John
Doe defendants, as well as all claims against 4247 FX, Inc., Joyce Prentis,
and Alan H. Klein in their individual capacities, and said claims are
DISMISSED with prejudice;

(2)

Defendants’ Motion is GRANTED as to and Counts II, III and IX, and
said claims are DISMISSED with prejudice;

(3)

Defendants’ Motion is GRANTED as to Counts I and IV, as well as to
Plaintiffs’ FLSA individual liability claims against Defendants Gary
Kerstein and Marla Klein Kerstein and said claims are DISMISSED
without prejudice and with LEAVE TO AMEND;

(4)

Defendants’ Motion is GRANTED as to Counts V, VI, VII, and VIII, in
accordance with Footnote 9 of this Court’s accompanying Memorandum;
and,
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(5)

On or before June 2, 2017, Plaintiffs’ shall either properly file a Second
Amended Complaint or the parties shall jointly notify this Court that they
wish to participate in either a settlement conference with a Magistrate
Judge, Court-Annexed Mediation, 1 or any other means of alternative
dispute resolution.

BY THE COURT:

/s/ C. Darnell Jones, II

1

J.

With a mutually agreeable mediator selected from the Eastern District’s “List of Approved
Mediators” and without cost to any party. See http://www.paed.uscourts.gov/documents2/mediation.

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