Filing 28

MEMORANDUM ORDER denying defendant's 7 Motion to Dismiss and adopting 25 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. Signed by Judge David S. Cercone on 1/4/18. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ASHLEY LYNN GENNOCK and JORDAN BUD Al, individually and on behalf of all others similarly situated, Plaintiffs, v. KIRKLAND'S, INC., Defendant. ) ) ) ) ) ) ) ) ) 2:17cv454 Electronic Filing ME*--RANDUM ORDER AND NOW, this~ day of January, 2018, after the plaintiffs, Ashley Lynn Gennock and Jordan Budai, filed an action in the above-captioned case, and after a motion to dismiss was submitted by the defendant, Kirkland's, Inc., and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties a period of time after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the defendant and the response to those objections filed by the plaintiffs, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation (ECF No. 25), which is adopted as the opinion of this Court, IT IS ORDERED that defendant's motion to dismiss (ECF No. 7) is denied. David Stewart Cercone Senior United States District Judge cc: Gary F. Lynch, Esquire Kevin W. Tucker, Esquire R. Bruce Carlson, Esquire John G. Papianou, Esquire (Via CMIECF Electronic Mail)

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