Opinion
Civil Action 22-1617 (EP) (JSA)
01-26-2023
YUCHEN YANG, on behalf of himself and others similarly situated, Plaintiff, v. TAIJI ORIENTAL SPA N.J. CORP. d/b/a TAIJI ORIENTAL MASSAGE, TAIJI ORIENTAL BODYWORK & FOOT RUB CORP. d/b/a TAIJI ORIENTAL MASSAGE, ZHANG TAIJI SPA INC. d/b/a TAIJI ORIENTAL MASSAGE, FENGHUA ZHAO, and DEYU SUN, Defendants.
ORDER ADOPTING REPORT & RECOMMENDATION
PADIN, District Judge.
Before this Court is the Report and Recommendation (“R&R”) entered on January 9,2023 by the Honorable Jessica S. Allen (“Judge Allen”), D.E. 33, recommending that Plaintiffs motion to dismiss Defendants' counterclaims under Rule 12(b)(6) of the Federal Rules of Civil Procedure, D.E. 16, be granted as to Counts I and III and denied as to Count II. The parties were advised that, pursuant to Federal Rule of Civil Procedure 72(b)(2), they could file objections to Judge Allen's R&R within 14 days. No objections have been received. The Court has reviewed the R&R de novo, and for good cause shown, IT IS on this 26th day of January, 2023, ORDERED, that the January 9, 2023 R&R of Judge Allen, D.E. 33, is ADOPTED as the Opinion of this Court; and it is further
ORDERED, that Plaintiff's motion to dismiss Defendants' counterclaims under Rule 12(b)(6), D.E. 16, is GRANTED IN PART AND DENIED IN PART; and it is further
ORDERED, that Defendants' counterclaims at Counts I and III are DISMISSED.