JOSEPH et al v. QUALITY DINING, INC.

Filing 59

OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED. THE CLERK SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/21/17. 3/21/17 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHANIE JOSEPH and RYAN
RUTHERFORD, on behalf of themselves and
similarly situated employees,
Plaintiffs,

CIVIL ACTION
NO. 16-1907

v.
QUALITY DINING, INC., and GRAYLING
CORPORATION,
Defendants.
ORDER
AND NOW, this 21st day of March, 2017, upon consideration of Defendants’
Motion to Dismiss (Doc. #9), and all supporting and opposing papers, after argument
held, and for reasons more fully stated in the accompanying memorandum opinion, it is
hereby ORDERED as follows:
1. Defendants’ Motion to Dismiss is GRANTED.
2. If Plaintiffs wish to pursue their claims, they must do so in arbitration
under the FAA, 9 U.S.C. §§ 3-4, as set forth in their arbitration agreements
and incorporated rules; further, they must do so individually and are not
entitled to proceed as a class or as representatives thereof.
3. The Clerk shall mark this case closed.
4. To the extent the sixteen opt-in plaintiffs have asserted any claims as
putative class members, their claims are dismissed without prejudice.
BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.