STEWART v. KINCH et al

Filing 68

ORDERED THAT PLAITNIFF'S PETITION FOR LEAVE TO AMEND 42 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT WITHIN 7 DAYS OF TEH DATE OF THIS ORDER. DEFENDANTS SHALL FILE RESPONSIVE PLEADINGS TO PLAINTIFFS SE COND AMENDED COMPLAINT WITHIN 21 DAYS OF THE DATE OF THE DATE THAT COMPLAINT IS FILED. PRIMECARE DEFENADNTS MOTION FOR PARTIAL SUMMARY JUDGMENT 58 IS DENIED WITHOUT PREJUDICE. CHESTER COUNTY DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT 38 IS DENIED WIHTOUT PREJUDICE. PLAITNIFFS MOTION TO COMPEL DISCOVERY 47 IS DENIED AS MOOT. ETC.. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 3/27/2014. 3/28/2014 ENTERED AND COPIES E-MAILED.(sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT STEWART,
Plaintiff,
v.
C.O. EMMONS, et al.,
Defendants.

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CIVIL ACTION

No. 12-1509

ORDER
AND NOW, on March 27, 2014, after consideration of all related briefing and oral
argument by counsel for all parties on March 17, 2014, it is ORDERED:
Plaintiff’s Petition for Leave to Amend (doc. 42) is GRANTED, in part,

1.

and DENIED, in part, in accordance with my accompanying memorandum
opinion;
a.

Plaintiff shall file a Second Amended Complaint, incorporating the rulings
of the accompanying memorandum opinion, within seven (7) days of the
date of this Order;

b.

Defendants shall file responsive pleadings to Plaintiff’s Second Amended
Complaint within 21 days of the date that Complaint is filed;

2.

PrimeCare Defendants’ Motion for Partial Summary Judgment (doc. 58) is
DENIED without prejudice;

3.

Chester County Defendants’ Motion for Partial Summary Judgment (doc.
38) is DENIED without prejudice;

4.

Plaintiff’s Motion to Compel Discovery (doc. 47) is DENIED as moot;
and

5.

My February 4, 2014 Scheduling Order (doc. 62) is revised to reflect that
rebuttal expert reports are due May 1, 2014; all other dates in that
Scheduling Order remain in effect.
BY THE COURT:

/s/ Timothy R. Rice
TIMOTHY R. RICE
U.S. MAGISTRATE JUDGE