SMITH v. ALBERT EINSTEIN MEDICAL CENTER et al

Filing 89

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' AMENDED COMPLAINT PURSUANT TO F.R.C.P. 12(b)(1) IS DENIED AND DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' AMENDED COMPLAINT PURSUANT TO F.R.C.P. 12(b)(6) ARE GRANTED. DEFENDATNS ' REMAINING MOTIONS TO DISMISS PURSUANT TO F.R.C.P. 12(b)(5) AND PENNSYLVANIA RULE 1042.3 AND DEFENDANTS' MOTIONS FOR A MORE DEFINITE STATEMENT ARE DISMISSED AS MOOT. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 8/12/09. 8/13/09 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ah)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICIA SMITH, ADMINSTRATRIX OF THE ESTATE OF MARTHA E. SMITH; PATRICIA SMITH; MARY J. SCOTT, Plaintiffs, v. ALBERT EINSTEIN MEDICAL CENTER; ET AL., Defendants. : : : : : : : : : : :

CIVIL ACTION NO. 08-05689

Order
AND NOW on this 12th day of August 2009, upon consideration of defendants' motions to dismiss (Doc. Nos. 72, 73, 75-82), plaintiffs' response thereto, and the reply from defendant Stump, IT IS HEREBY ORDERED that: 1. Defendants' motions to dismiss plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) are DENIED; 2. Defendants' motions to dismiss plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) are GRANTED as to plaintiffs' claims of violations of civil rights and plaintiffs' claims under the Emergency Medical Transfer and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd (2006), and these claims are DISMISSED with prejudice; 3. Pursuant to 28 U.S.C. § 1367(c)(3), the court will decline to exercise supplemental jurisdiction over plaintiffs' remaining claims for state law medical and legal malpractice and fraud, and these claims are DISMISSED without prejudice to the right of plaintiffs to proceed in an appropriate state court on these

state law claims; and 4. Defendants' remaining motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5) and Pennsylvania Rule of Civil Procedure 1042.3 and defendants' motions for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) are DISMISSED as moot.

/s/ William H. Yohn Jr., Judge William H. Yohn Jr., Judge

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