Stanley v. Our Lady of Bellefonte Hospital, Inc., et al

Filing 52

MEMORANDUM OPINION & ORDER: IT IS ORDERED (1) The DE# 9 MOTION to Dismiss Complaint In Part and the DE# 26 MOTION to Dismiss Amended Complaint In Part are hereby GRANTED IN PART and DENIED IN PART as follows: (a) The Motions to Dism iss DE#9, 26 are GRANTED as to Counts I, II, III, VII, X, and XII of the First Amended Complaint DE# 17 as follows: (1) Count I is dismissed sa to dfts. Thomas, Damron and Menshouse; (2) Count II is dismissed as to Dfts. Thomas, Damron and Me nshouse; (3) Count III is dismissed; (4) Count VII's negligent hiring and retention claims are dismissed; (5) Count X is dismissed as to Dfts. Damron, Menshouse, Daniels and Moore; (6) Count XII is dismissed as to Defendants Moore and Daniels; ( b) The Motions to Dismiss DE#9, 26 are DENIED as to Count VI, Count VII's negligent supervision claims, Count VIII (intentional interference with a business relationship), Count IX (defamation), Count X (intentional infliction of emotiona l distress) as to Corporate Defendants, Defendant Thomas, and Defendant Bellew, Count XI (negligence), and Count XII (false light) as to the Corporate Defendants, Defendant Thomas, Defendant Menshouse, Defendant Damron, and Defendant Bellew; (2) Plai ntiff's Motion for Leave to File a Second Amended compalint DE# 45 is hereby DENIED; and (3) Within twenty-one (21) days from the date of service of this Order, parties to meet; (4) Within ten (10) days after the meeting, the parties sha ll file a joint status report. Should the parties find that a joint report is not possible, the parties shall each file individual reports which the Court will entertain for purposes of a Scheduling Order. (Rule 26 Meeting Report due by 10/22/2012). Signed by Judge David L. Bunning on 9/20/2012. (Attachments: # 1 Magistrate Consent Form)(KSS)cc: COR

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
__________ District of __________
Plaintiff

v.
Defendant

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Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.

G:\DATA\ORDERS\MJ consent form.wpd