DADE v. GAUDENZIA, DCR., INC. et al

Filing 21

ORDER THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLFF'S CLAIM UNDER 42 U.S.C. SEC. 1983 BASED ON THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 IS DISMISSED WITH PREJUDICE WITH RESPECT TO ALL DEFTS. PLFF&# 039;S CLAIM UNDER 42 U.S.C. SEC. 1983 BASED ON THE EIGHT AMENDMENT TO THE U.S. CONSTITUTION IS DISMISSED WITHOUT PREJUDICE WITH RESPECT TO DEFTS GAUDENZIA DRC, INC., AND MELVIN THOMPSON. THE BALANCE OF DEFTS' MOTION IS DENIED. PLFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 30 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 7/3/13. 7/8/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEROY W. DADE, JR.,
Plaintiff,
v.
GAUDENZIA DRC, INC., et al.
Defendants.

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CIVIL ACTION
NO. 13-1381

ORDER
AND NOW, this 3rd day of July, 2013, upon consideration of the motion to dismiss filed
by defendants, Gaudenzia DRC, Inc., Shakiya Drummond, Sharronna Holmes, Melvin
Thompson, Erin Sutton, and Patricia O’Connor (Doc. # 12), and plaintiff’s response thereto, it is
hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as
follows:
1.

Plaintiff’s claim under 42 U.S.C. § 1983 based on the Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) is DISMISSED WITH
PREJUDICE with respect to all defendants.

2.

Plaintiff’s claim under 42 U.S.C. § 1983 based on the Eight Amendment to the
United States Constitution is DISMISSED WITHOUT PREJUDICE with
respect to defendants Gaudenzia DRC, Inc., and Melvin Thompson.

3.

The balance of defendants’ motion is DENIED.

4.

Plaintiff is given leave to file an amended complaint within thirty (30) days of the
date of this order.

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