LEFFLER v. CREATIVE HEALTH SERVICES, INC. et al

Filing 73

ORDER THAT THE DEFENDANTS 37 MOTION IS GRANTED WITH PREJUDICE AS TO PLAINTIFFS CLAIMS FOR VIOLATIONS OF THE FAIR LABOR STANDARDS ACT AND ERISA (COUNTS I-II, VIII). IT IS FURTHER ORDERED THAT THE REMAINING STATE COURT CLAIMS (COUNTS IIIVII) ARE DISM ISSED WITHOUT PREJUDICE FOR PLAINTIFFS TO REASSERT THOSE CLAIMS IN STATE COURT. IT IS FURTHER ORDERED THAT ALL REMAINING MOTIONS (DKT. NOS. 36 , 47 , 48 , 67 AND 68 ) ARE DISMISSED AS MOOT. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/29/17. 9/29/17 ENTERED AND COPIES E-MAILED.(mas, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ________________________________________________ : AUDREY LEFFLER, et al., : CIVIL ACTION Plaintiffs, : : NO. 16-1443 vs. : : CREATIVE HEALTH SERVICES, INC., et al., : Defendants. : ________________________________________________: ORDER AND NOW, this 29th day of September, 2017, upon consideration of the Defendants’ Motion for Summary Judgment (Dkt. No. 37), Plaintiffs’ Opposition (Dkt. No. 42), Defendants’ Reply Brief (Dkt. No. 45), and in accordance with the accompanying Memorandum, IT IS ORDERED that the Defendants’ Motion is GRANTED with prejudice as to Plaintiffs’ claims for violations of the Fair Labor Standards Act and ERISA (Counts I-II, VIII). IT IS FURTHER ORDERED that the remaining state court claims (Counts IIIVII) are DISMISSED without prejudice for Plaintiffs to reassert those claims in state court. IT IS FURTHER ORDERED that all remaining motions (Dkt. Nos. 36, 47, 48, 67 and 68) are DISMISSED as moot. The Clerk of Court is directed to mark this case CLOSED. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN, United States Magistrate Judge

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