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James M. Mitich v. Lehigh Valley Restaurant Group

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


December 12, 2012

JAMES M. MITICH, PLAINTIFF,
v.
LEHIGH VALLEY RESTAURANT GROUP, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.

ORDER RE DEFENDANT'S MOTION TO DISMISS

AND NOW, this 12th day of December, 2012, for the reasons set forth in the

accompanying Memorandum, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss (ECF Nos. 3 and 4) is GRANTED in part, with respect to Plaintiff's claims arising under state law and alleging violation of the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.;

2. Defendants' Motion to Dismiss is DENIED in part, with respect to Plaintiff's claim alleging violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the "FCRA Claim");

3. If Plaintiff elects to proceed with his FCRA Claim, he must file an amended complaint within fourteen (14) days of this order.

BY THE COURT:

Michael M. Baylson

20121212

© 1992-2012 VersusLaw Inc.



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