ROSARIO et al v. FIRST STUDENT MANAGEMENT LLC et al

Filing 24

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS THE PLAINTIFFS' AMENDED COMPLAINT (DOC. NO. 18 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/23/2017. 3/23/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARIBEL ROSARIO, et al.,
individually and on behalf of similarly
situated employees,
Plaintiffs,
v.

FIRST STUDENT MANAGEMENT
LLC, and FIRST STUDENT INC.,
Defendants.

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CIVIL ACTION

NO. 15-6478

ORDER
AND NOW, this 23rd day of March, 2017, upon consideration of the Defendants’
Motion to Dismiss the Plaintiffs’ Amended Complaint (Doc. No. 18), the Plaintiffs’
Response in Opposition to the Defendants’ Motion to Dismiss (Doc. No. 21), and the
Defendants’ Reply in Further Support of the Motion to Dismiss (Doc. No. 22), IT IS
HEREBY ORDERED that:
1.

The Defendants’ Motion to Dismiss the FLSA overtime claims (Count II)

brought by named plaintiffs Nicole Tucker, Brenda Vera, and Jessica Marinez is
DENIED. 1

1

It is not entirely clear whether defendants move to dismiss Tucker, Vera, and Marinez’s
FLSA overtime claims. To the extent that defendants seek dismissal of these specific plaintiffs’
FLSA overtime claims, the motion is denied.

2.

The Defendants’ Motion to Dismiss the FLSA overtime claims (Count II)

brought by all named plaintiffs (listed at Doc. No. 17, p. 2) other than Nicole Tucker,
Brenda Vera, and Jessica Marinez is GRANTED.
3.

The FLSA overtime claims (Count II) brought by all plaintiffs other than

Nicole Tucker, Brenda Vera, and Jessica Marinez are DISMISSED.
4.

The Defendants’ Motion to Dismiss the WPCL claims (Counts III and IV)

brought by all plaintiffs is GRANTED.
5.

The WPCL claims (Counts III and IV) brought by all plaintiffs are

DISMISSED.

BY THE COURT

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.