LYNN et al v. JEFFERSON HEALTH SYSTEM, INC. et al, No. 2:2009cv05549 - Document 342 (E.D. Pa. 2011)
Court Description: MEMORANDUM OPINION/ORDER THAT THE JEFFERSON DEFENDANTS MOTION TO DIMISS, THE EINSTEIN DEFENDANTS MOTION TO DISMISS AND THE JEFFERSON DEFENDANTS INDIVIDUAL MOTION TO DISMISS ARE GRANTED. IN VIEW OF THE DISMISSAL THE FOLLOWING MOTIONS ARE DENIED AS MO OT: PLAINTIFFS MOTION FOR EXPEDITED COLLECTIVE ACTION NOTIFICATION, AND PLAINTIFFS MOTION FOR EXPEDITED HEARING ON PLAINTIFFS MOTION FOR EXPEDITED NOTICE TO AFFECTED EMPLOYEES AND PLAINTIFFS MOTION TO STAY NON-FLSA CLAIMS AND DEFENDANTS MOTION TO QUA SH PLAINTIFFS' THIRD-PARTY SUBPOENAS. THE PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS GRANTED. THE PLAINTIFFS HAVE 30 DAYS TO FILE A SECOND AMENDE COMPLAINT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/2011. 9/8/2011 ENTERED AND COPIES E-MAILED.(sg, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : : : : : JEFFERSON HEALTH SYSTEM, et al., : Defendants. : __________________________________________: KENNETH LYNN, et al., Plaintiffs, v. CIVIL NO. 09-5549 ORDER AND NOW, this 8th day of September 2011, upon consideration of this Court s attached Memorandum Opinion and Order, and for the reasons stated therein and hereby incorporated, it is hereby ORDERED: 1) The Jefferson Defendants Motion to Dismiss [doc. no. 294], the Einstein Defendants Motion to Dismiss [doc. no. 292], and the Jefferson Defendants Individual Motion to Dismiss [doc. no. 295] are GRANTED. 2) In view of the dismissal, the following motions are DENIED AS MOOT: a) Plaintiffs Motion for Expedited Collective Action Notification [doc. no. 246];1 and, b) Plaintiffs Motion for Expedited Hearing on Plaintiffs Motion for Expedited Notice to Affected Employees [doc. no. 249]; and, c) Plaintiffs Motion to Stay Non-FLSA claims [doc. no. 304]; and d) Defendants Motion to Quash Plaintiffs Third-Party Subpoenas [doc. no. 228]. 3) The Plaintiffs request for leave to amend is GRANTED. The plaintiffs have thirty days to file a second amended complaint It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J. 1 This motion was improperly docketed as a Motion to Certify.
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