ESTATE OF JEFFREY H. WARE v. HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA et al

Filing 87

ORDERED AS FOLLOWS: 1. PLAINTIFFS MOTION TO WITHDRAW COUNTS I AND II AND TO REMAND COUNTS III, IV, V, AND VI TO THE PHILADELPHIA COURT OF COMMON PLEAS, ECF NO. 78, IS DENIED. 2. DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON THE PRICE-ANDERSON PLA AND ON ALL FEDERAL ISSUES IN COUNTS THREE AND FOUR, ECF NO. 82, IS GRANTED. 3. DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS CLAIMS OF MEDICAL NEGLIGENCE, COUNTS 3, 4 AND 5, ECF NO. 81, IS GRANTED.4. DEFENDANTS MOTION TO DETERMINE THE DUTY OWED T O DR. WARE IN THE PRICE-ANDERSON PUBLIC LIABILITY ACTION, ECF NO. 72, IS DENIED AS MOOT. 5. DEFENDANTS MOTION TO DETERMINE THE CAUSATION TEST IN A PRICE-ANDERSON PLA, ECF NO. 80, IS DENIED AS MOOT. 6. DEFENDANTS JOINT MOTION FOR ORDER COMPELLING PLAI NTIFF TO PRODUCE EXPERT REPORTS OR BE PRECLUDED AND FOR MODIFICATION OF AMENDED SCHEDULING ORDER, ECF NO. 73, IS DENIED AS MOOT. 7. DEFENDANTS JOINT MOTION FOR AN ORDER COMPELLING PLAINTIFF TO PRODUCE ANSWERS TO CONTENTION INTERROGATORIES SERVED ON S EPTEMBER 28, 2015, DAVID WARE AND JEAN BOYER FOR DEPOSITIONS AND SIGNED VERIFICATIONS FOR RELEASE OF IRS AND SOCIAL SECURITY RECORDS, ECF NO. 74, IS DENIED AS MOOT. 8. DEFENDANTS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, ECF NO. 85, IS STRICKEN. 9. JUDGMENT IS ENTERED IN FAVOR OF ALL DEFENDANTS AND AGAINST THE PLAINTIFF. 10. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/8/2016. 9/8/2016 ENTERED AND COPIES E-MAILED.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ESTATE OF JEFFREY H. WARE
by Barbara Boyer, individually, on behalf
of wrongful death beneficiaries and as
administratrix of the Estate of Jeffrey H. Ware,

:
:
:
:
:
Plaintiff,
:
:
v.
:
:
HOSPITAL OF THE UNIVERSITY OF
:
PENNSYLVANIA;
:
UNIVERSITY OF PENNSYLVANIA;
:
PERELMAN SCHOOL OF MEDICINE
:
UNIVERSITY OF PENNSYLVANIA;
:
TRUSTEES OF THE UNIVERSITY OF
:
PENNSYLVANIA;
:
ANN R. KENNEDY, D.S.C.;
:
GARY KAO, M.D.;
:
MICHELLE ALONSO-BASANTA, M.D.;
:
NATIONAL SPACE BIOMEDICAL
:
RESEARCH INSTITUTE; and
:
CENTER FOR ACUTE RADIATION
:
RESEARCH,
:
:
Defendants.
:
__________________________________________

No. 2:14-cv-00014

JUDGMENT
And now, this 8th day of September, 2016, for the reasons set forth in the accompanying
Memorandum Opinion issued this day, IT IS ORDERED as follows:
1.

Plaintiff’s Motion to Withdraw Counts I and II and to Remand Counts III, IV, V,
and VI to the Philadelphia Court of Common Pleas, ECF No. 78, is DENIED.

2.

Defendants’ Motion for Summary Judgment on the Price-Anderson PLA and on
All Federal Issues in Counts Three and Four, ECF No. 82, is GRANTED.

3.

Defendants’ Motion for Summary Judgment as to Plaintiff’s Claims of Medical
Negligence, Counts 3, 4 and 5, ECF No. 81, is GRANTED.

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4.

Defendants’ Motion to Determine the Duty Owed to Dr. Ware in the PriceAnderson Public Liability Action, ECF No. 72, is DENIED as moot.

5.

Defendants’ Motion to Determine the Causation Test in a Price-Anderson PLA,
ECF No. 80, is DENIED as moot.

6.

Defendants’ Joint Motion for Order Compelling Plaintiff to Produce Expert
Reports or be Precluded and for Modification of Amended Scheduling Order,
ECF No. 73, is DENIED as moot.

7.

Defendants’ Joint Motion for an Order Compelling Plaintiff to Produce Answers
to Contention Interrogatories Served on September 28, 2015, David Ware and
Jean Boyer for Depositions and Signed Verifications for Release of IRS and
Social Security Records, ECF No. 74, is DENIED as moot.

8.

Defendants’ Proposed Findings of Fact and Conclusions of Law, ECF No. 85,
is STRICKEN.

9.

JUDGMENT IS ENTERED in favor of all Defendants and against the Plaintiff.

10.

The Clerk of Court is directed to close this case.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.____________
JOSEPH F. LEESON, JR.
United States District Judge

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