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, )

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