Filed: Jul. 29, 2014
Latest Update: Jul. 29, 2014
Summary: ORDER RONALD L. BUCKWALTER, Senior District Judge. AND NOW , this 29 th day of July , 2014, upon consideration of the Motion of Defendants Thomas Jefferson University Hospitals, Inc., Philip Nimoityn, M.D., and Jay Sellers, M.D. to Dismiss (Docket No. 7), Defendants' Supplemental Memorandum of Law in Support of Motion to Dismiss (Docket No. 8), Plaintiff Gary Goldberg's Response (Docket No. 9), Defendants' Second Supplemental Memorandum in Support of Motion to Dismiss (Docket No. 10), and
Summary: ORDER RONALD L. BUCKWALTER, Senior District Judge. AND NOW , this 29 th day of July , 2014, upon consideration of the Motion of Defendants Thomas Jefferson University Hospitals, Inc., Philip Nimoityn, M.D., and Jay Sellers, M.D. to Dismiss (Docket No. 7), Defendants' Supplemental Memorandum of Law in Support of Motion to Dismiss (Docket No. 8), Plaintiff Gary Goldberg's Response (Docket No. 9), Defendants' Second Supplemental Memorandum in Support of Motion to Dismiss (Docket No. 10), and ..
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ORDER
RONALD L. BUCKWALTER, Senior District Judge.
AND NOW, this 29th day of July, 2014, upon consideration of the Motion of Defendants Thomas Jefferson University Hospitals, Inc., Philip Nimoityn, M.D., and Jay Sellers, M.D. to Dismiss (Docket No. 7), Defendants' Supplemental Memorandum of Law in Support of Motion to Dismiss (Docket No. 8), Plaintiff Gary Goldberg's Response (Docket No. 9), Defendants' Second Supplemental Memorandum in Support of Motion to Dismiss (Docket No. 10), and Plaintiff's Second Supplemental Memorandum of Law in Support of Plaintiff's Opposition (Docket No. 11), it is hereby ORDERED as follows:
1. Defendants' Motion to Dismiss the negligence cause of action against Defendant Nimoityn is DENIED;
2. Defendants' Motion to Dismiss the punitive damages claim against Defendant Nimoityn, all claims against Defendant Sellers, and all claims against Thomas Jefferson University Hospitals is GRANTED and these claims are DISMISSED WITHOUT PREJUDICE.
3. Plaintiff shall have twenty (20) days from the date of this Order to file a Second Amended Complaint correcting any of the pleading deficiencies identified in the Court's accompanying Memorandum Opinion. Plaintiff's failure or inability to correct such errors shall, upon proper motion by Defendants, result in dismissal of any still-deficient claims.
It is so ORDERED.
