GABRIEL v. GIANT EAGLE, INC. et al

Filing 49

ORDER for the reasons set forth in the accompanying memorandum opinion, defendants' motions to dismiss the Third Amended Complaint (ECF Nos. 30 , 34 ) are GRANTED and plaintiff's objections to the report and recommendation (ECF No. 45 ) are OVERRULED. It is further ORDERED that the complaint filed by Andrew M. Gabriel is dismissed with prejudice. It is further ORDERED that the report and recommendation (ECF No. 44 ) as supplemented by the accompanying memorandum opinion is ADOPTED as the opinion of the court. It is further ORDERED that the Clerk of Court mark this case CLOSED; and It is further ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Chief Judge Joy Flowers Conti on 8/19/2015. (smc)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF PENNSYLVANIA
ANDREW M. GABRIEL
on behalf of himself and all others
similarly situated,
Plaintiff,
v.
GIANT EAGLE, INC.,
MARCKISOTTO MARKETS INC.
doing business as
"EDGEWOOD GIANT EAGLE" or
doing business as
"GIANT EAGLE" or
doing business as
"GIANT EAGLE PHARMACY #24",
SHAKESPEARE STREET ASSOCIATES
GP LLC, doing business as
"GIANT EAGLE" or
doing business as
"SHAKESPEARE GIANT EAGLE" or
doing business as
"GIANT EAGLE PHARMACY #17" and
CVS PHARMACY, INC.,
doing business as "CVS" or
doing business as
"CVS STORE #4091"
Defendants.

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Civil Action No. 14-0980

ORDER
AND NOW, this 19th day of August, 2015, it is hereby ORDERED, ADJUDGED AND
DECREED that for the reasons set forth in the accompanying memorandum opinion,
defendants’ motions to dismiss the Third Amended Complaint (ECF Nos. 30, 34) are
GRANTED and plaintiff’s objections to the report and recommendation (ECF No. 45) are

OVERRULED. It is further ORDERED, ADJUDGED AND DECREED that the complaint
filed by Andrew M. Gabriel is dismissed with prejudice.
It is further ORDERED that the report and recommendation (ECF No. 44) as
supplemented by the accompanying memorandum opinion is ADOPTED as the opinion of the
court.
It is further ORDERED that the Clerk of Court mark this case CLOSED; and
It is further ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate
Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the
Federal Rules of Appellate Procedure.

BY THE COURT:
Dated: August 19, 2015

cc: all counsel of record via CM-ECF

/s/ Joy Flowers Conti
Joy Flowers Conti
Chief, United States District Judge