Filed: Sep. 24, 2018
Latest Update: Sep. 24, 2018
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 24th day of September, 2018, upon consideration of the report (Doc. 90) of Chief Magistrate Judge Susan E. Schwab, recommending that the court grant in part and deny in part the motion (Doc. 61) of defendants Correct Care Solutions, LLC ("LLC") and Dr. Cynthia Freeland ("Freeland"), wherein the moving defendants seek dismissal of the claims asserted against them by pro se plaintiff Kelley O'Donnell ("O'Donnell") in her se
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 24th day of September, 2018, upon consideration of the report (Doc. 90) of Chief Magistrate Judge Susan E. Schwab, recommending that the court grant in part and deny in part the motion (Doc. 61) of defendants Correct Care Solutions, LLC ("LLC") and Dr. Cynthia Freeland ("Freeland"), wherein the moving defendants seek dismissal of the claims asserted against them by pro se plaintiff Kelley O'Donnell ("O'Donnell") in her sec..
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ORDER
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 24th day of September, 2018, upon consideration of the report (Doc. 90) of Chief Magistrate Judge Susan E. Schwab, recommending that the court grant in part and deny in part the motion (Doc. 61) of defendants Correct Care Solutions, LLC ("LLC") and Dr. Cynthia Freeland ("Freeland"), wherein the moving defendants seek dismissal of the claims asserted against them by pro se plaintiff Kelley O'Donnell ("O'Donnell") in her second amended complaint, and further recommending that O'Donnell be granted leave to amend, see Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002), and it appearing that O'Donnell has not objected to the report, see FED. R. CIV. P. 72(b)(2), and the court observing that failure of a party to timely object to a magistrate judge's conclusions "may result in forfeiture of de novo review at the district court level," Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district court should "afford some level of review to dispositive legal issues raised by the report," Henderson, 812 F.2d at 878; see also Taylor v. Comm'r of Soc. Sec., 83 F.Supp.3d 625, 626 (M.D. Pa. 2015) (citing Univac Dental Co. v. Dentsply Int'l, Inc., 702 F.Supp.2d 465, 469 (M.D. Pa. 2010)), in order to "satisfy itself that there is no clear error on the face of the record," FED. R. CIV. P. 72(b), advisory committee notes, and, following independent review of the record, the court being in full agreement with Judge Schwab's recommendation,1 and the court thus concluding that there is no error on the face of the record, it is hereby ORDERED that:
1. The report (Doc. 90) of Chief Magistrate Judge Schwab is ADOPTED.
2. The moving defendants' motion (Doc. 61) to dismiss is GRANTED to the extent that O'Donnell's Monell claim against Correct Care is DISMISSED without prejudice. The motion (Doc. 61) is DENIED in all other respects.
3. The Monell addendum (Doc. 108) filed by O'Donnell and authorized by Chief Magistrate Judge Schwab's report is ACCEPTED by the court as a supplement to O'Donnell's second amended complaint (Doc. 50) and is made a part thereof by this order.
4. Defendants shall respond to O'Donnell's second amended complaint (Doc. 50), as supplemented by her Monell addendum (Doc. 108), in accordance with the Federal Rules of Civil Procedure.
5. O'Donnell's motion (Doc. 105) "for expansion of time for brief in opposition/addendum for defendants Correct Care Solution motion to dismiss" is DENIED as moot.
6. This matter is REMANDED to Chief Magistrate Judge Schwab for further pretrial management.