GENNOCK et al v. KIRKLAND'S INC.
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)
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
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
Gary F. Lynch, Esquire
Kevin W. Tucker, Esquire
R. Bruce Carlson, Esquire
John G. Papianou, Esquire
(Via CMIECF Electronic Mail)
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