United States District Court, E.D. Pennsylvania
January 28, 2014
KATHLEEN BICKINGS, Individually and on Behalf of All Others Similarly Situated Plaintiffs,
NHS-ALLEGHENY VALLEY SCHOOL, LLC, and NHS HUMAN SERVICES Defendants.
NITZA I. QUIÑONES ALEJANDRO, District Judge.
AND NOW, this 27th day of January 2014, upon consideration of Defendant's motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted, filed pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(6) [ECF 15], Plaintiff's response in opposition thereto [ECF 17], and the amended complaint, consistent with the memorandum opinion filed on this date, it is hereby ORDERED that Defendant's motion is GRANTED, in part, and
a. Count I of the amended complaint which asserts claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., is DISMISSED, without prejudice. Plaintiff has leave to file a second amended complaint within ten (10) days of the date of this Order consistent with the Court's memorandum. Failure to do so will result in this matter being dismissed in its entirety, with prejudice.
b. Count II of the amended complaint which asserts a claim under Pennsylvania's Whistleblower Law, 42 Pa. Stat. Ann. § 1421, et seq. is DISMISSED with prejudice.