CLINKSCALES v. THE CHILDREN'S HOSPITAL OF PHILADELPHIA et al

Filing 38

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/6/09. 5/7/09 ENTERED AND COPIES MAILED AND E-MAILED. (MAILED TO PRO SE)(stb, ) Modified on 5/7/2009 (stb, ). Modified on 5/7/2009 (stb, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KAREN CLINKSCALES v. THE CHILDREN'S HOSPITAL OF PHILADELPHIA, et al. ORDER AND NOW, this 6th day of May, 2009, upon consideration of Defendants' : : : : : : CIVIL ACTION NO. 06-3919

Motion to Dismiss Plaintiff's Fourth Amended Complaint (docket no. 35) and Plaintiff's Response thererto (docket no. 36), and for the reasons stated in the accompanying Memorandum, it is ORDERED that the Motion is GRANTED in part and DENIED in part. Accordingly, the following claims are DISMISSED from the Fourth Amended Complaint: 1. Counts I, II, IV, V, VI, XIII, XVII, and XVIII are DISMISSED with respect to Defendants Schwinghammer, Green, Dudley, and Outlaw. 2. Counts III, VII, XIV, XV, XVI, and XXI are DISMISSED with respect to Defendants Green, Dudley, and Outlaw. 3. Counts IX, X, XI, and XII are DISMISSED in their entirety. It is FURTHER ORDERED that Paragraphs 222-235 and 249-250 are STRICKEN from Plaintiff's Fourth Amended Complaint.

BY THE COURT:

S/ BRUCE W. KAUFFMAN BRUCE W. KAUFFMAN, J.