GARCIA v. NUNN et al

Filing 38

ORDER THAT THE MOTION TO DISMISS OF DEFENDANTS AND WEISS MARKETS AND ALACO SERVICES IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT THE MOTION IS GRANTED AS TO DEFENDANT WEIS MARKETS. DEFENDANT WEIS MARKETS IS DISMISSED FROM THIS AC TION. THE MOTION IS DENIED AS TO DEFENDANT ALACO SERVICES. THE MOTION IS DENIED AS TO THE CLAIMS FOR UNPAID OVERTIME COMPENSATION. THE REMAINING DEFENDANTS SHALL RESPOND TO THE PLAINTIFFS' MOTION TO CERTIFY CLASS WITHIN 10 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/23/15. 9/23/15 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
M. GARCIA, et al.,
Plaintiffs

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vs.
WILLIAM NUNN, et al.,
Defendants

CIVIL ACTION

NO. 13-6316

ORDER
AND NOW, this

23rd

day of September, 2015, upon consideration of the

motion to dismiss of Defendants Weiss Markets and Alaco Services (Document #24), the
plaintiffs’ response thereto (Document #26), and the defendants’ reply (Document #33),
IT IS HEREBY ORDERED that the motion is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that:
1. The motion is GRANTED as to Defendant Weis Markets.
2. Defendant Weis Markets is DISMISSED from this action.
3. The motion is DENIED as to Defendant Alaco Services.
4. The motion is DENIED as to the claims for unpaid overtime compensation.
5. The remaining defendants shall respond to the plaintiffs’ motion to certify
class (Document #15) within ten days of the date of this Order.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.