ABUHOURAN v. FLETCHER ALLEN HEALTH CARE INC. et al

Filing 46

ORDER granting defts. New Jersey Public Defenders and Peter M. Carte's 26 Motion to Dismiss; denying 35 Motion to Amend/Correct; denying 37 Motion for Default Judgment; granting defts. Flectcher Allen Health Care, University of Vermont, MIchael A. Horgan, Timothy Link 10 Motion to Dismiss for Lack of Jurisdiction; denying 22 Motion for Leave to File; New. Signed by Judge Dennis M. Cavanaugh on 06/25/2009. (nr, )

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : AKTHAM ABUHOURAN, : : Plaintiff, : : v. : FLETCHER ALLEN HEALTHCARE, et : : al., : : Defendants. : Hon. Dennis M. Cavanaugh

ORDER
Civil Action No. 07-CV- 05108 (DMC)

DENNIS M. CAVANAUGH, U.S.D.J.: This matter comes before the Court upon motion by Defendants Fletcher Allen Healthcare, Inc., the University of Vermont, Dr. Michael A. Horgan, and Dr. Timothy Link ("Fletcher Defendants") to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(2), (5), and (6); upon motion by Defendants Peter M. Carter and the Office of the Public Defender ("Carter Defendants") to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(1), (5), and (6); and upon motions by Plaintiff, Aktham Abuhouran ("Plaintiff"), for leave to file an Amended Complaint as to the Carter Defendants and for default judgment against Defendant Dr. David Nathan; and the Court having reviewed all submissions; and for the reasons stated in its Opinion issued on this day; IT IS on this 25th day of June, 2009,

ORDERED that Plaintiff's motion for leave to amend the Complaint is denied; and it is further ORDERED that the Carter Defendants' motion to dismiss is granted; and it is further

ORDERED that the Fletcher Defendants' motion to dismiss is granted; and it is further ORDERED that CHS's motion to dismiss is granted; and it is further ORDERED Plaintiff's motion for default judgment against Dr. Nathan is denied.

S/ Dennis M. Cavanaugh Dennis M. Cavanaugh, U.S.D.J. Original: cc: Clerk's Office All Counsel of Record The Honorable Mark Falk, U.S.M.J. File

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