Attorney(s) appearing for the Case
Roberto Ramirez, Plaintiff, represented by Edward H Glenn, Jr , Zamansky LLC, Jacob H Zamansky , Zamansky LLC, Samuel E Bonderoff , Zamansky LLC & Bryan Torrey Forman , Forman Law Firm PC.
Thomas Ihle, Plaintiff, represented by Bryan Torrey Forman , Forman Law Firm PC.
JC Penney Corporation Inc, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Charles Glen Morris , J C Penney Co Inc, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Michael Dastugue, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Janet Dhillon, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Kenneth H. Hannah, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Michael Kramer, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Ronald . Johnson, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
Myron E Ullman III, Defendant, represented by Howard C Shapiro , Proskauer Rose LLP, Michael E Jones , Potter Minton, a Professional Corporation, Robert Rachal , Proskauer Rose LLP & Stacey C. S. Cerrone , Proskauer Rose LLP.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
MICHAEL H. SCHNEIDER, District Judge.
The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this action, has been presented for consideration. The Report and Recommendation (Doc. No. 32) recommends that Defendants' Motion to Dismiss be denied as to Count I and granted without prejudice as to Count II and the Request for Judicial Notice be granted. On September 25, 2015, Defendants filed Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 33).
Having made a de novo review of the objections filed by Defendants, the Court concludes that the findings and conclusions of the Magistrate Judge are correct and the objections are without merit. In light of the foregoing, it is
ORDERED that Defendants' Motion to Dismiss The First Amended Class Action Complaint (Doc. No. 25) be DENIED as to Count I and GRANTED WITHOUT PREJUDICE as to Count II. Plaintiffs are given leave to amend their Complaint and replead Count II. It is also ORDERED that the Request for Judicial Notice (Doc. No. 26) be GRANTED.
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