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Alberto J. Lopez Civil Action and Others Similarly Situated v. Tri-State Drywall

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 20, 2012

ALBERTO J. LOPEZ CIVIL ACTION AND OTHERS SIMILARLY SITUATED
v.
TRI-STATE DRYWALL, INC., AND DEAN GANOUDIS

The opinion of the court was delivered by: L. Felipe Restrepo United States Magistrate Judge

ORDER

AND NOW, this 20th day of March, 2012, having considered the Motion of Defendants, Tri-State Drywall, Inc. and Dean Ganoudis, to Dismiss Counts I, III, and IV of the First Amended Complaint, and to Dismiss Count II of the First Amended Complaint to the Extent that it Seeks Unpaid Overtime Compensation (Doc. 13), Plaintiff's Response in Opposition thereto (Doc. 14), and Defendants' Reply (Doc. 15), and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

1. Tri-State's motion to dismiss Count I of the Complaint, Plaintiff's claim under the FLSA, with prejudice, for failure to state a claim upon which relief can be granted is GRANTED;

2. The court will decline to exercise jurisdiction over Plaintiff's remaining state law claims, and those claims are DISMISSED without prejudice to pursue any appropriate claims in state court.

BY THE COURT:

L. Felipe Restrepo

20120320

© 1992-2012 VersusLaw Inc.



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