SIMMONS v. SIMPSON HOUSE, INC. et al

Filing 69

ORDER THAT THE MOTION TO DISMISS IS GRANTED AS TO COUNTS 3 AND 18 AND DENIED AS TO COUNTS 1,2,4,5,8,9,10,11. SIMMONS MAY AMEND COUNT 18 OF HIS COMPLAINT ON OR BEFORE 12/22/16. COUNT 3 IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/12/16. 12/13/16 ENTERED AND COPIES E-MAILED..(mbh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN SIMMONS, Plaintiff, CIVIL ACTION No. 15-06636 v. SIMPSON HOUSE, INC. et al., Defendants. ORDER AND NOW, this 12th day of December, 2016, after consideration of Simpson House, Inc. and Simpson House Foundation’s Motion to Dismiss, (ECF No. 48), Defendant Prime Healthcare Services-Roxborough, LLC d/b/a Roxborough memorial Hospital’s Motion to Dismiss, (ECF No. 48), and John Simmons’s Responses, (ECF Nos. 49 & 53), it is ORDERED that: 1. The motion is GRANTED as to Counts 3 and 18 and DENIED as to Counts 1, 2, 4, 5, 8, 9, 10, 11; Simmons may amend Count 18 of his complaint on or before December 22, 2016; 2. Count 3 is dismissed with prejudice. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J.

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