TRUGLIO v. PLANET FITNESS, INC. et al, No. 3:2015cv07959 - Document 72 (D.N.J. 2018)

Court Description: OPINION filed. Signed by Judge Freda L. Wolfson on 12/21/2018. (mps)

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TRUGLIO v. PLANET FITNESS, INC. et al Doc. 72 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ MARNI TRUGLIO, individually and as a class representative on behalf of others similarly situated, Plaintiff, v. PLANET FITNESS, INC.; FIT TO BE TIED II, LLC d/b/a PLANET FITNESS; JOHN DOES 1-75; PLANET FITNESS FRANCHISES 1-75; AND XYZ CORPORATIONS 1-10, Defendants. : : : : : : : : : : : : : : : : : Civil Action No. 15-7959 (FLW) ORDER THIS MATTER having been opened to the Court by Kurt M. Mullen, Esq., counsel for Defendant Planet Fitness, Inc. (“Planet Fitness”) on a motion to dismiss the Amended Complaint of Plaintiff Marni Truglio (“Plaintiff”), pursuant to Federal Rule of Civil Procedure 12(b)(6); it appearing that Defendant Fit To Be Tied II, LLC (together, with Planet Fitness, “Defendants”), through its counsel Louis A. Felicetta, Esq., has joined Planet Fitness’s motion; it appearing that Plaintiff, through her counsel, Joseph A. Jones, Esq., has opposed this motion; the Court having reviewed the parties’ submissions in connection with the pending motion, pursuant to Federal Rule of Civil Procedure 78; for the reasons set forth in the Opinion filed on this date, and for good cause shown, IT IS on this 21st day of December, 2018, ORDERED that Defendants’ motion to dismiss [Dkt. # 67] is GRANTED in its entirety, and Plaintiff’s Amended Complaint is DISMISSED. 1 Dockets.Justia.com /s/ Freda L. Wolfson Hon. Freda L. Wolfson United States District Judge 2

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