STERRETT v. GIANT EAGLE, INC. et al

Filing 58

MEMORANDUM ORDER. Defendants' Motions (Docs. 46 & 48 ) to dismiss are GRANTED; Counts I and II of the Amended Complaint are DISMISSED WITH PREJUDICE; the Magistrate Judge's Report and Recommendation (Doc. 54 ) hereby is adopted as the Opinion of the District Court; and this case may proceed against the OK Grocery Defendants, only, under Counts III and IV of the Amended Complaint. Signed by Judge Cathy Bissoon on 2/25/15. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RICHARD A. STERRETT,
Plaintiff,
v.
GIANT EAGLE, INC., et al.,
Defendants.

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Civil Action No. 14-235
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
This case has been referred to United States Magistrate Maureen P. Kelly for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 and Local Rule of Civil
Procedure 72.
On January 22, 2015, the Magistrate Judge issued a Report (Doc. 54) recommending that
the Court grant Defendants’ Motions (Docs. 46 & 48) to dismiss Counts I and II of the Amended
Complaint, regarding Plaintiff’s labor-related claims.1 Service of the Report and
Recommendation was made on the parties, and Plaintiff has filed Objections. See Doc. 55.
After a de novo review of the pleadings and documents in the case, together with the
Report and Recommendation and the Objections thereto, the following Order is entered:
Defendants’ Motions (Docs. 46 & 48) to dismiss are GRANTED; Counts I and II of the
Amended Complaint are DISMISSED WITH PREJUDICE; the Magistrate Judge’s Report and
Recommendation hereby is adopted as the Opinion of the District Court; and this case may

The OK Grocery Defendants have not challenged, at the 12(b)(6) stage, Plaintiff’s claims
under the FMLA. Those claims, therefore, remain unaffected.
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proceed against the OK Grocery Defendants, only, under Counts III and IV of the Amended
Complaint.2
IT IS SO ORDERED.

February 25, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record

Given that the only claim against the Defendant-Union has been dismissed, the Union has been
terminated as a party to this lawsuit.
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