Horan et al v. Cabral et al

Filing 28

Judge George A. O'Toole, Jr: ORDER ON PENDING MOTIONS entered finding as moot 14 Motion to Dismiss; finding as moot 16 Motion to Dismiss for Failure to State a Claim; DENIED WITHOUT PREJUDICE 21 Motion for Referral to Medical Malpractice Tribunal; GRANTING 25 Motion to Amend Complaint (Halley, Taylor)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 16-10359-GAO JOHN HORAN, Plaintiff, v. ANDREA CABRAL, et al., Defendants. ORDER ON PENDING MOTIONS October 12, 2016 O’TOOLE, D.J. This Order resolves certain pending motions. The plaintiff’s Motion for Leave to File an Amended Complaint (dkt. no. 25) is GRANTED. Counsel should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include “Leave to file granted on (date of order)” in the caption of the document. In light of the allowance of the plaintiff’s motion to amend the complaint, the defendants’ currently pending motions to dismiss (dkt. nos. 14 and 16) are MOOT. The motion of defendants NaphCare, Inc. and Dr. James Cheverie to transfer this case for the purpose of conducting a medical malpractice tribunal (dkt. no. 21) is DENIED WITHOUT PREJUDICE. As a matter of case management, the Court will first address the federal constitutional and statutory claims only. It is SO ORDERED. /s/ George A. O’Toole, Jr. United States District Judge

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