Pascarella v. Swift Transportation Co.

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. For the reasons stated below, Swift’s motion to dismiss is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND 2

Plaintiff, a resident of Burlington County, New Jersey, brings this case as a putative class action against…