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16-2710 - PARKER v. 4247 FX, INC. et al


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16-2710 - PARKER v. 4247 FX, INC. et al
May 12, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/12/17. 5/12/17 ENTERED & E-MAILED. COPIES MAILED TO W. PARKER, G.R. PARKER. (fdc)
May 12, 2017
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [ECF #12] IS GRANTED AS TO PLAINTIFFS' CLAIMS AGAINST ALL JOHN DOE DEFENDANTS, AS WELL AS CLAIMS AGAINST 4247 FX, INC., JOYCE PRENTIS, AND ALAN H. KLEIN IN THEIR INDIVIDUAL CAPACITIES,NFERENCE WITH A MAGISTRATE JUDGE, COURT-ANNEXED MEDIATION, OR ANY OTHER MEANS OF ALTERNATIVE DISPUTE RESOLUTION.SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/12/17. 5/12/17 ENTERED & E-MAILED. COPIES MAILED TO W. PARKER, G.R. PARKER. (fdc) AND SAID CLAIMS ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION IS GRANTED AS TO AND COUNTS II,III AND IX, AND SAID CLAIMS ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION IS GRANTED AS TO COUNTS I AND IV, AS WELL AS TO PLAINTIFFS' FLSA INDIVIDUAL LIABILITY CLAIMS AGAINST DEFENDANTS GARY KERSTEIN AND MARLA KLEIN KERSTEIN AND SAID CLAIMS ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND; DEFENDANTS' MOTION IS GRANTED AS TO COUNTS V,VI,VII, AND VIII, IN ACCORDANCE WITH FOOTNOTE 9 OF THIS COURT'S ACCOMPANYING MEMORANDUM; AND, ON OR BEFORE 6/2/17, PLAINTIFFS SHALL EITHER PROPERLY FILE A SECOND AMENDED COMPLAINT OR THE PARTIES SHALL JOINTLY NOTIFY THIS COURT THAT THEY WISH TO PARTICIPATE IN EITHER A SETTLEMENT CO