ELBAUM v. THOMAS JEFFERSON UNIVERSITY HOSPITALS, INC.

Filing 16

ORDER THAT DEFENDANT THOMAS JEFFERSON UNIVERSITY HOSPITAL'S MOTION TO DISMISS DR. ELBAUM'S AMENDED COMPLAINT (DOC. NO. 10 ), IS GRANTED IN PART AS OUTLINED HEREIN. DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF (DOC. NO. 13 ), IS GRANTED. THE PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY (DOC. NO. 14 ), IS GRANTED. THE CASE IS REFERRED TO ARBITRATION TO RESOLVE THE BALANCE OF THE DISPUTE. PENDING THE OUTCOME OF ARBITRATION, THE CLERK SHALL TRANSFER THIS ACTION TO OUR CIVIL SUSPENSE DOCKET, ETC. SIGNED BY HONORABLE STEWART DALZELL ON 12/3/2013. 12/3/2013 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID M. ELBAUM
v.
THOMAS JEFFERSON UNIVERSITY
HOSPITALS, INC.

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CIVIL ACTION

NO. 13-1538

ORDER
AND NOW, this 3d day of December, 2013, upon
consideration of plaintiff Dr. David M. Elbaum’s amended
complaint, defendant Thomas Jefferson University Hospital’s
motion to dismiss (docket entry # 10), the plaintiff’s response
in opposition thereto, the defendant’s motion for leave to file
a reply to that response (docket entry # 13), and the
plaintiff’s motion for leave to file a sur-reply (docket entry #
14), and based on the analysis set forth in the accompanying
Memorandum, it is hereby ORDERED that:
1.

Defendant Thomas Jefferson University Hospital’s

motion to dismiss Dr. Elbaum’s amended complaint (docket entry #
10) is GRANTED IN PART, as follows:
a.

Insofar as the motion to dismiss addresses

the question of when Dr. Elbaum began accruing vesting years,
the motion is GRANTED; and
b.

In all other respects, the motion is DENIED;

2.

Defendant’s motion for leave to file a reply

brief (docket entry # 13) is GRANTED;
3.

The plaintiff’s motion for leave to file a sur-

reply (docket entry # 14) is GRANTED;
4.

The case is REFERRED to arbitration to resolve

the balance of the dispute; and
5.

Pending the outcome of the arbitration, the Clerk

shall TRANSFER this action to our Civil Suspense docket, and on
the first business day of each calendar quarter the parties
shall SUBMIT to the Court a joint report as to the progress of
the arbitration.
BY THE COURT:
_/S/ Stewart Dalzell, J.
Stewart Dalzell, J.

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