Filed: Oct. 12, 2018
Latest Update: Oct. 12, 2018
Summary: ORDER R. BARCLAY SURRICK , District Judge . AND NOW , this 12th day of October , 2018, upon consideration of Defendants' Motion to Dismiss Counts I, II, V, VI, and VII of Plaintiffs' Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 18.), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that Defendants' Motion is GRANTED in part and DENIED in part as follows: 1. Defendants' Motion is GRANTED as to the minimum wage claims of a
Summary: ORDER R. BARCLAY SURRICK , District Judge . AND NOW , this 12th day of October , 2018, upon consideration of Defendants' Motion to Dismiss Counts I, II, V, VI, and VII of Plaintiffs' Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 18.), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that Defendants' Motion is GRANTED in part and DENIED in part as follows: 1. Defendants' Motion is GRANTED as to the minimum wage claims of al..
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ORDER
R. BARCLAY SURRICK, District Judge.
AND NOW, this 12th day of October, 2018, upon consideration of Defendants' Motion to Dismiss Counts I, II, V, VI, and VII of Plaintiffs' Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 18.), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that Defendants' Motion is GRANTED in part and DENIED in part as follows:
1. Defendants' Motion is GRANTED as to the minimum wage claims of all named Plaintiffs except Chaun Geng, and Counts I and II of the Amended Complaint are DISMISSED without prejudice except as to Plaintiff Geng.
2. Defendants' Motion is DENIED as to Plaintiffs' claims of illegal tip retention asserted in Counts V and VI of the Amended Complaint.
3. Defendants' Motion is GRANTED as to Plaintiffs' claims alleging violation of the Pennsylvania Wage Payment and Collection Law ("WPCL"), 43 Pa. Stat. Ann. §§ 260.1-260.45, and Count VII of the Amended Complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
