Euceda v. Millwood, Inc.

Filing 33

ORDER (memorandum filed previously as separate docket entry).(1)The motion is DENIED with respect to Count I of the plaintiffs second amended complaint, (Doc. No. 21);(2)The motion is GRANTED with respect to Count II.Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOSE EUCEDA, on behalf of
himself and similarly situated
employees,

:
:
CIVIL ACTION NO. 3:12-0895

Plaintiff

:
(JUDGE MANNION)

v.

:

MILLWOOD, INC.,

:

Defendant

:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS
HEREBY ORDERED THAT the motion to dismiss filed by the defendant,
(Doc. No. 24), is GRANTED IN PART AND DENIED IN PART as follows:
(1)

The motion is DENIED with respect to Count I of the plaintiff’s
second amended complaint, (Doc. No. 21);

(2)

The motion is GRANTED with respect to Count II.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: August 26, 2013
O:\Mannion\shared\MEMORANDA - DJ\2012 MEMORANDA\12-0895-01-ORDER.wpd