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PASCARELLA v. SWIFT TRANSP. CO., INC.

Case No. 2:09-cv-02549.

694 F.Supp.2d 933 (2010)

Michael PASCARELLA, on behalf of himself and all others similarly situated, Plaintiff, v. SWIFT TRANSPORTATION CO., INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

March 17, 2010.

Attorney(s) appearing for the Case

Philip Stephen Fuoco, Joseph A. Osefchen, Law Firm of Phillip Stephen Fuoco, Haddonfield, NJ, for Plaintiff.

R. Mark Glover, Lori Hackleman Patterson, Thomas L. Parker, Baker Donelson Bearman Caldwell & Berkowitz, Memphis, TN, Lawrence Henry Pockers, Duane Morris, Philadelphia, PA, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

BERNICE BOUIE DONALD, District Judge.

Before the Court is Defendant Swift Transportation Co., Inc.'s ("Swift") Motion to Dismiss filed on July 17, 2009.1 (D.E. #28.) Plaintiff Michael Pascarella ("Plaintiff") filed a response in opposition on November 4, 2009, and Swift filed a reply on November 25, 2009...

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