Gregory v. FedEx Corporation et al
| Bradley D. Gregory |
| FedEx Corporation and FedEx Ground Package System Inc |
| 2:2010cv00630 |
| December 23, 2010 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of State |
| Douglas E. Miller |
| Raymond A. Jackson |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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| Document Text |
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Filing
314
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 312 Report and Recommendations; it is ORDERED that Defendant's Motion to Strike Plaintiffs' FLSA claims is DENIED; IT IS FURTHER ORDERED that Defendant 9;s 12(b)(6) Motion to Dismiss, ECF No. 290, is GRANTED IN PART as to Plaintiffs' DJA claims and FLSA minimum wage claims, and DENIED IN PART as to Plaintiffs' fraud, rescission, and FLSA overtime claims. Plaintiffs' DJA claims and FLS A minimum wage claims are hereby DISMISSED without prejudice 290 Motion to Dismiss.; IT IS FURTHER ORDERED that Defendant's Motion to Dismiss or Sever and Transfer, ECF No. 294, is GRANTED IN PART as to the Motion to Sever and DENIED IN PART a s to the Motions to Dismiss and to Transfer. Accordingly, the Non-Norfolk Plaintiffs' claims are hereby SEVERED, pursuant to Federal Rule of Civil Procedure 21, and CONSOLIDATED, pursuant to Federal Rule of Civil Procedure 42 294 Motion to Dis miss; IT IS FURTHER ORDERED that Plaintiffs shall file their amended complaints in accordance with Federal Rule of Civil Procedure 9(b) within thirty (30) days of the date of this Order; IT IS FURTHER ORDERED that Defendant shall file its responsive pleadings to Plaintiffs' amended complaints within thirty (30) days of the date that Plaintiffs file their complaints. Signed by District Judge Raymond A. Jackson and filed on 6/22/2012. (bnew, )
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Filing
297
ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying as moot 269 Motion to Dismiss; denying as moot 272 Motion to Sever. Signed by District Judge Raymond A. Jackson and filed on 2/6/12. (jcow, )
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