ACOSTA v. SX MANAGEMENT, LLC et al

Filing 129

ORDER adopting, as amended by 128 the Opinion of this Court, 122 Report and Recommendation regarding 109 SX Defendants' Motion for Partial Summary Judgment. Signed by Judge Marilyn J. Horan on 7/20/2021. (dmm)

Case 2:17-cv-00880-MJH-MPK Document 129 Filed 07/20/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EUGENE SCALIA, Secretary of Labor,

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Plaintiff,
v.
SX MANAGEMENT, LLC, a limited
liability corporation doing business as
STOREXPRESS, STEVEN MITNICK,
individually, and as President and/or
owner of SX Management, LLC, and
EDMOND MCKEAN, individually and
as an employee of SX Management, LLC,
Defendants.
EDMOND MCKEAN, individually and
as an employee of SX Management, LLC,
Cross Claimant,
v.
STEVEN MITNICK,
individually, and as President and/or
owner of SX Management, LLC, and
SX MANAGEMENT, LLC, a limited
liability corporation doing business as
STOREXPRESS,
Cross Defendants.

2:17-cv-880
District Judge Marilyn J. Horan
Magistrate Judge Maureen P. Kelly

Order of the Court
AND NOW, this 20th day of July, 2021, it is hereby ORDERED that, in accordance with
the Opinion of the Court (ECF No. 128), the June 16, 2021 Report and Recommendation (ECF
No. 122) is ADPOTED, AS AMENDED by the Opinion of this Court.
IT IS FURTHER ORDERED that, for the reasons set forth in the Report and
Recommendation and in the Opinion of the Court, the SX Defendants’ Motion for Partial
Summary Judgment (ECF No. 109) is DENIED as to the claims asserted by the Secretary of
Labor on behalf of Defendant Edmond McKean.
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Case 2:17-cv-00880-MJH-MPK Document 129 Filed 07/20/21 Page 2 of 2

IT IS FURTHER ORDERED that, for the reasons set forth in this Court’s Opinion, the
SX Defendants’ Motion for Partial Summary Judgment is DENIED AS MOOT as to Mr.
McKean’s dismissed cross-claim against the SX Defendants.

__________________________
Marilyn J. Horan
United States District Judge
cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record via CM-ECF

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