THOMPSON v. PROGRESSIONS BEHAVIORAL HEALTH SERVICES, INC. et al

Filing 14

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 7 ) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED INSOFAR AS IT SEEKS DISMISSAL OF THAT ASPECT OF THE FLSA CLAIM THAT SEEKS COMPENSATION FOR THE TIME PERIOD IN WHICH PLAINTIFF WAS CLASSIFIED AS AN INDEPENDENT CONTRACTOR, AND THAT ASPECT OF THE FLSA CLAIM IS DISMISSED. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/16/2018. 4/16/2018 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MAJUANA THOMPSON

:
:
v.
:
:
PROGRESSIONS BEHAVIORAL HEALTH :
SERVICES, INC., ET AL.
:

CIVIL ACTION

NO. 18-58

ORDER
AND NOW, this 16th day of April, 2018, upon consideration of Defendants’ Motion to
Dismiss (Docket No. 7), and all documents filed in connection therewith, and in accordance with
the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED
IN PART and DENIED IN PART as follows:
1.

The Motion is GRANTED insofar as it seeks dismissal of that aspect of the FLSA

claim that seeks to impose liability for the time period in which Plaintiff was classified as an
independent contractor, and that aspect of the FLSA claim is DISMISSED.
2.

The Motion is DENIED in all other respects.

BY THE COURT:

/s/ John R. Padova, J.
John R. Padova, J.