Filed: Sep. 10, 2015
Latest Update: Sep. 10, 2015
Summary: ORDER MICHAEL M. BAYLSON , District Judge . And NOW, this 10 th day of September 2015, for the reasons stated in the foregoing memorandum, upon consideration of Defendants Delaware County and Community Education Centers Motion to Dismiss Plaintiff's Second Amended Complaint (ECF 27), and Motion of Defendants Dr. Ronald Phillips, Holly Craig, CRNP and Kelly Mullan, PA-C to Dismiss Plaintiff's Second Amended Complaint (ECF 26), and all responses and replies thereto, it is hereby ORDERED t
Summary: ORDER MICHAEL M. BAYLSON , District Judge . And NOW, this 10 th day of September 2015, for the reasons stated in the foregoing memorandum, upon consideration of Defendants Delaware County and Community Education Centers Motion to Dismiss Plaintiff's Second Amended Complaint (ECF 27), and Motion of Defendants Dr. Ronald Phillips, Holly Craig, CRNP and Kelly Mullan, PA-C to Dismiss Plaintiff's Second Amended Complaint (ECF 26), and all responses and replies thereto, it is hereby ORDERED th..
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ORDER
MICHAEL M. BAYLSON, District Judge.
And NOW, this 10th day of September 2015, for the reasons stated in the foregoing memorandum, upon consideration of Defendants Delaware County and Community Education Centers Motion to Dismiss Plaintiff's Second Amended Complaint (ECF 27), and Motion of Defendants Dr. Ronald Phillips, Holly Craig, CRNP and Kelly Mullan, PA-C to Dismiss Plaintiff's Second Amended Complaint (ECF 26), and all responses and replies thereto, it is hereby ORDERED that:
1. The Motion to Dismiss of Defendants Delaware County and Community Education Centers ("CEC") is DENIED, and Plaintiff may proceed with the claim under Monell v. Department of Social Services, 436 U.S. 658 (1978) under the theory discussed in the accompanying Memorandum.
2. The Motion to Dismiss of Defendant Dr. Phillips is DENIED as to the § 1983, negligence, and punitive damages claim.
3. The Motion to Dismiss of Defendants Ms. Craig and Ms. Mullan is GRANTED WITH PREJUDICE.
