DRAKE v. HYUNDAI ROTEM USA, CORP.
Filing
15
ORDER THAT DEFENDANT HYUNDAI ROTEM USA, CORP.'S MOTION TO DISMISS (DOC. NO. 11 ), IS GRANTED IN PART AND DENIED IN PART. COUNT II OF THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE MOTION IS DENIED AS TO COUNT I. THE MOTION IS DENIED AS TO PLAINTIFFS' CLASS AND COLLECTIVE ACTION CLAIMS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/28/2013. 8/28/2013 ENTERED AND COPIES E-MAILED.(amas)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OLIVIA DRAKE, on behalf of herself and those
similarly situated
Plaintiff,
v.
HYUNDAI ROTEM USA, CORP.
Defendant.
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CIVIL ACTION
NO. 13-0868
ORDER
AND NOW, this 28th day of August, 2013, upon consideration of Defendant Hyundai
Rotem USA, Corp.’s Motion to Dismiss (Docket No. 11), Plaintiff Olivia Drake’s Response in
Opposition (Docket No. 12), and Defendant’s Reply Brief (Docket No. 13), it is hereby
ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1.
Count II of the Amended Complaint is DISMISSED WITH PREJUDICE.
2.
The Motion is DENIED as to Count I.
3.
The Motion is DENIED as to Plaintiffs’ Class and Collective Action claims.
BY THE COURT:
s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.
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