SIMMONS v. SIMPSON HOUSE, INC. et al

Filing 91

ORDER THAT DEFENDANT KINDRED HOSPITAL-SOUTH PHILADELPHIA AND KINDRED HEALTHCARE INC.'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. COUNTS 5,6,12,14 AND 15 ARE DISMISSED WITHOUT PREJUDICE. DEFENDANT'S MOTION TO DISMISS COUNTS 11 AND 13 IS DENIED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/10/17. 4/11/17 ENTERED AND COPIES E-MAILED.(mbh, ) (Main Document 91 replaced on 4/11/2017) (mbh, ). Modified on 4/11/2017 (mbh, ).

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 10th day of April, 2017, upon consideration of Kindred
Hospital-South Philadelphia and Kindred Healthcare Inc.’s motion to dismiss, (ECF No.
82), and Plaintiff John Simmons’s response, (ECF No. 83), it is hereby ORDERED that
the motion is GRANTED in part and DENIED in part. Counts 5, 6, 12, 14 and 15 are
DISMISSED without prejudice. Defendant’s motion to dismiss Counts 11 and 13 is
DENIED.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.