PHILLIPS et al v. ST. MARY MEDICAL CENTER et al

Filing 21

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 9) IS GRANTED IN PART, AND COUNT II OF THE COMPLAINT IS DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. BY 4/5/2013, PLAINTIFFS MAY FILE AN AMENDED COMPLAINT. THE REMAINDER OF DEFENDANTS' MOTION IS DENIED WITHOUT PREJUDICE TO REFILING IN A MOTION FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE EDMUND V. LUDWIG ON 3/19/2013. 3/19/2013 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHANIE PHILLIPS, et al.
v.
ST. MARY MEDICAL CENTER, et al.

:
:
:
:
:

CIVIL ACTION
No. 12-2363

ORDER
AND NOW, this

19th

day of March, 2013, defendants’ “Motion to

Dismiss” (doc. no. 9) is granted in part, and Count II of the complaint is
dismissed for lack of subject matter jurisdiction. By Friday, April 5, 2013,
plaintiffs may file an amended complaint. The remainder of defendants’ motion
is denied without prejudice to refiling in a motion for summary judgment.

BY THE COURT:

/s/ Edmund V. Ludwig

Edmund V. Ludwig, J.