ACOSTA v. SX MANAGEMENT, LLC et al

Filing 21

ORDER indicating that that the Report and Recommendation 20 is adopted as the Opinion of this Court; that Defendants' Motion to Dismiss 3 is denied, for the reasons stated in said Opinion. Signed by Judge Nora Barry Fischer on 4/2/18. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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R. ALEXANDER ACOSTA, Secretary of
Labor, Department of Labor,
Plaintiff,
vs.
SX MANAGEMENT, LLC, a limited
liability corporation d/b/a 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,

Civ. A. No. 17-880
Judge Nora Barry Fischer
Chief Magistrate Judge Maureen Kelly

ORDER OF COURT
AND NOW, this 2nd day of April, 2018, after the Plaintiff filed a Complaint on
June 30, 2017, (Docket No. [1]), and Defendants SX Management, LLC and Steven Mitnick
filed a Motion to Dismiss or, in the alternative, Motion for a More Definitive Statement on
October 3, 2017, (Docket No. [3]), to which Plaintiff submitted a Brief in Opposition on October
26, 2017, (Docket No. [17]) and Defendants filed a Reply on November 9, 2017, (Docket No.
[19]), and after a Report and Recommendation was filed by the United States Magistrate Judge
on March 15, 2018, (Docket No. [20]), recommending that such Motion be denied, and granting
the parties until March 29, 2018, to file written objections thereto, and no objections having been
filed by the Court’s deadline, and upon independent review of the record,
IT IS HEREBY ORDERED that the Report and Recommendation [20] is adopted

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as the Opinion of this Court;
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss [3] is DENIED,
for the reasons stated in said Opinion.

_s/Nora Barry Fischer________
Nora Barry Fischer
United States District Judge

cc/ecf: All counsel of record.
Chief Magistrate Judge Maureen P. Kelly

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