ESTATE OF BERNICE GOLDBERG v. MINOITYN et al

Filing 13

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS THE NEGLIGENCE CAUSE OF ACTION AGAINST DEFENDANT NIMOITYN IS DENIED; DEFENDANTS' MOTION TO DISMISS THE PUNITIVE DAMAGES CLAIM AGAINST DEFENDANT NIMOITYN, ALL CLAIMS AGAINST DEFENDANT S ELLERS, AND ALL CLAIMS AGAINST THOMAS JEFFERSON UNIVERSITY HOSPITALS IS GRANTED AND THESE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL HAVE TWENTY (20) DAYS FROM THE DATE OF THIS ORDER TO FILE A SECOND AMENDED COMPLAINT CORRECTING ANY OF T HE PLEADING DEFICIENCIES IDENTIFIED IN THE COURT'S ACCOMPANYING MEMORANDUM OPINION. PLAINTIFF'S FAILURE OR INABILITY TO CORRECT SUCH ERRORS SHALL, UPON PROPER MOTION BY DEFENDANTS, RESULT IN DISMISSAL OF ANY STILL-DEFICIENT CLAIMS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/29/14. 7/29/14 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ESTATE OF BERNICE GOLDBERG,
:
by the EXECUTOR GARY GOLDBERG, :
:
Plaintiff,
:
:
v.
:
:
PHILIP NIMOITYN, M.D., JAY
:
SELLERS, M.D., JOHN DOES 1–10,
:
JANE DOES 1–10, and CORPORATE
:
DOES 1–10,
:
:
Defendants.
:

CIVIL ACTION

NO.

14-980

ORDER
AND NOW, this 29th day of July, 2014, upon consideration of the Motion of Defendants
Thomas Jefferson University Hospitals, Inc., Philip Nimoityn, M.D., and Jay Sellers, M.D. to
Dismiss (Docket No. 7), Defendants’ Supplemental Memorandum of Law in Support of Motion
to Dismiss (Docket No. 8), Plaintiff Gary Goldberg’s Response (Docket No. 9), Defendants’
Second Supplemental Memorandum in Support of Motion to Dismiss (Docket No. 10), and
Plaintiff’s Second Supplemental Memorandum of Law in Support of Plaintiff’s Opposition
(Docket No. 11), it is hereby ORDERED as follows:
1.

Defendants’ Motion to Dismiss the negligence cause of action against Defendant
Nimoityn is DENIED;

2.

Defendants’ Motion to Dismiss the punitive damages claim against Defendant
Nimoityn, all claims against Defendant Sellers, and all claims against Thomas
Jefferson University Hospitals is GRANTED and these claims are DISMISSED
WITHOUT PREJUDICE.

3.

Plaintiff shall have twenty (20) days from the date of this Order to file a Second
Amended Complaint correcting any of the pleading deficiencies identified in the

Court’s accompanying Memorandum Opinion. Plaintiff’s failure or inability to
correct such errors shall, upon proper motion by Defendants, result in dismissal of
any still-deficient claims.
It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.