DELIBERTIS et al v. POTTSTOWN MEMORIAL MEDICAL CENTER et al

Filing 45

MEMORANDUM AND ORDER THAT DEFENDANTS POTTSTOWN HOSPITAL COMPANY, LLC AND POTTSTOWN CLINIC COMPANY, LLC'S MOTION IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION TO DISMISS IS GRANTED AS TO PLAINTIFFS "FAILURE TO STABILIZE" CLAI M UNDER EMTALA AS ALLEGED IN COUNT II OF THE COMPLAINT. PLAINTIFFS EMTALA CLAIM AGAINST DEFENDANTS FOR "FAILURE TO STABILIZE" AS DETAILED IN COUNT II OF THE COMPLAINT IS DISMISSED WITH PREJUDICE. DEFENDANTS MOTION TO DISMISS IS DENIED AS TO PLAINTIFFS "FAILURE TO SCREEN" CLAIM UNDER EMTALA AS ALLEGED IN COUNT I OF THE COMPLAINT. DEFENDANT JONATHAN BUCKLEY'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EMTALA CLAIM IS DENIED AS MOOT. DEFENDANT DR. MARTA JIMENEZ-DE LA CRUZ� 39;S MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFFS CLAIM AGAINST DR. JIMENEZ-DE LA CRUZ IS DISMISSED WITH PREJUDICE.. DEFENDANT DR. JIMENEZ-DE LA CRUZ IS DISMISSED FROM THIS CASE AND THE CLERK OF COURT SHALL MARK THIS DEFENDANT TERMINATED. CASE IS REFERRED TO THE HONORABLE JACOB P. HART TO ATTEMPT TO RESOLVE THE CLAIMS IN THIS MATTER. PARTIES SHALL COOPERATE IN ACCORDANCE WITH JUDGE HART'S INSTRUCTIONS. FURTHER PROCEEDINGS BEFORE THIS COURT ARE STAYED PENDING THE OUTCOME OF MEDIATION WITH JUDGE HART. THE CLERK OF COURT SHALL RECAPTION THIS CASE TO MATCH THE CAPTION ON THIS ORDER. SIGNED BY HONORABLE STEWART DALZELL ON 1/21/16. 1/21/16 ENTERED AND COPIES EMAILED.(rf, )

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

VALENTINE DELIBERTIS AND
KATHLEEN DELIBERTIS
v.

:
:
:
:
POTTSTOWN HOSPITAL COMPANY
:
LLC, JONATHAN BUCKLEY, MD,
:
MARTA JIMENEZ-DE LA CRUZ, MD,
:
AND POTTSTOWN CLINIC COMPANY, :
LLC
:

CIVIL ACTION

NO. 14-6971

ORDER
AND NOW, this 21st day of January, 2016, upon consideration of the partial
motion for summary judgment filed by Pottstown Hospital Company, LLC and Pottstown Clinic
Company, LLC (docket entry #40), the partial motion for summary judgment filed by Dr.
Jonathan Buckley (docket entry #39), Dr. Marta Jimenez-De La Cruz’s motion for summary
judgment (docket entry #38), and plaintiff’s response in opposition thereto, and for the reasons
stated in the accompanying Memorandum, it is hereby ORDERED that:
1.

Defendants Pottstown Hospital Company, LLC and Pottstown Clinic

Company, LLC’s motion is GRANTED IN PART and DENIED IN PART;
2.

Defendants’ motion to dismiss is GRANTED as to plaintiffs’ “failure to

stabilize” claim under EMTALA as alleged in Count II of the complaint;
3.

Plaintiffs’ EMTALA claim against defendants for “failure to stabilize” as

detailed in Count II of the complaint is DISMISSED WITH PREJUDICE;
4.

Defendants’ motion to dismiss is DENIED as to plaintiffs’ “failure to

screen” claim under EMTALA as alleged in Count I of the complaint;
5.

Defendant Dr. Jonathan Buckley’s motion for summary judgment on

plaintiffs’ EMTALA claim is DENIED AS MOOT;

6.

Defendant Dr. Marta Jimenez-De La Cruz’s motion for summary

judgment is GRANTED;
7.

Plaintiffs’ claim against Dr. Jimenez-De La Cruz is DISMISSED WITH

8.

As there is no just reason for delay of the entry of judgment, pursuant to

PREJUDICE;

Fed. R. Civ. P. 54(b), defendant Dr. Jimenez-De La Cruz is DISMISSED from this case and the
Clerk of Court shall MARK this defendant as TERMINATED;
9.

In accordance with Local R. Civ. P. 72.1 and 28 U.S.C. § 636(b)(3), this

case is REFERRED to the Honorable Jacob P. Hart to attempt to resolve the claims in this
matter;
10.

The parties shall COOPERATE in accordance with Judge Hart’s

11.

Further proceedings before this Court are STAYED pending the outcome

instructions;

of mediation with Judge Hart; and
12.

The Clerk of Court shall RECAPTION this case to match the caption on

this Order.

BY THE COURT:
__/s/ Stewart Dalzell, J.

Stewart Dalzell, J.

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