CHIMENTI et al v. PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC) et al

Filing 27

ORDER THAT UPON CONSIDERATION OF THE DOC DEFENDANTS' MOTION TO DISMISS 11 AND THE MOTION TO DISMISS AND SEVER 14 , IT IS ORDERED THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO DISMISS AND SEVER IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/21/16. 3/22/16 ENTERED AND COPIES E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SALVATORE CHIMENTI, ET AL.
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, ET AL.

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CIVIL ACTION

NO. 15-3333

ORDER
AND NOW, this 21st day of March, 2016, upon consideration of the DOC Defendants’
Motion to Dismiss Complaint (Docket No. 11), the Motion to Dismiss and Sever filed by the
Medical Defendants (Docket No. 14), all documents filed in connection therewith, and for the
reasons stated in the Memorandum filed on this date, IT IS HEREBY ORDERED as follows:
1.

The DOC Defendants’ Motion to Dismiss Complaint (Docket No. 11) is

GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to the claim
asserted against Defendant Paul Noel in Count I and Count I is DISMISSED as against
Defendant Noel. The Motion is also GRANTED as to the claim asserted against Defendant
John Wetzel in Count III and Count III is DISMISSED as against Defendant Wetzel. The DOC
Defendants’ Motion to Dismiss Complaint is DENIED in all other respects.
2.

The Motion to Dismiss and Sever filed by the Medical Defendants (Docket No.

14) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to the
claims asserted in Count I against Defendants Andrew Dancha, Dr. John Hochberg, Dr. Nicholas
Scharff, Dr. Thomas Lehman, and Correct Care Solutions and Count I is DISMISSED against

Mr. Dancha, Dr. Hochberg, Dr. Scharff, Dr. Lehman and Correct Care Solutions. The Motion to
Dismiss and Sever is DENIED in all other respects.

BY THE COURT:

/s/John R. Padova
____________________________
John R. Padova, J.

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