Citation Codes Equivalent Citations citation codes Docket Number CA 09-591 ML. Motions Motion to dismiss : Denied Judges Mary M. Lisi See more information ... Smart Summary Please sign up to generate summary. ROBERT MARCIONE, et al. v. JAN CO., d/b/a Burger King. ORDER MARY LISI, District Judge This matter is before the Court on the Report and Recommendation issued by Magistrate Judge Almond on June 15, 2010. No party has filed an objection and the time for doing so has passed. Accordingly, this Court adopts the Report and Recommendation. Defendant's motion to dismiss is DENIED. SO ORDERED: