WASSEFF v. THE NATIONAL INSTITUTE OF HEALTH et al

Filing 49

ORDER THAT DEFENDANTS DEPARTMENT OF HEALTH AND HUMAN SERVICES AND NATIONAL INSTITUTE OF HEALTH'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT IS GRANTED. COUNT VII IS DISMISSED AND THESE DEFENDANTS ARE DISMISSED. IT IS FURTHER ORDE RED THAT THE MOTION OF UNIVERSITY OF PENNSYLVANIA SCHOOL OF MEDICINE AND TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS UNIVERSITY O F PENNSYLVANIA SCHOOL OF MEDICINE AND TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA ARE ORDERED TO FILE AN ANSWER TO PLAINTIFF'S REMAINING CLAIMS WITHIN 14 DAYS OF THE DATE OF THIS ORDER.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/6/2017. 2/7/2017 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMEH WASSEFF,
Plaintiff,

CIVIL ACTION
NO. 16-703

v.
THE NATIONAL INSTITUTE OF HEALTH,
et al.,
Defendants.
ORDER

AND NOW, this 6th day of February 2017, upon consideration of the Third Amended
Complaint (Doc. No. 38), the Motion of Defendants the University of Pennsylvania School of
Medicine and the Trustees of the University of Pennsylvania to Dismiss Plaintiff’s Third
Amended Complaint (Doc. No. 39), the Motion of Defendants the Department of Health and
Human Services and the National Institute of Health to Dismiss to Dismiss Plaintiff’s Third
Amended Complaint (Doc. No. 40), Plaintiff’s Response in Opposition to the Motions to
Dismiss (Doc. Nos. 43, 44), and in accordance with the Opinion of the Court issued this day, it is
ORDERED that:
1. The Motion of Defendants the Department of Health and Human Services and
the National Institute of Health to Dismiss Plaintiff’s Third Amended Complaint
(Doc. No. 40) is GRANTED. Count VII is dismissed and these Defendants are
dismissed as Defendants in this case.
It is FURTHER ORDERED that the Motion of Defendants the University of
Pennsylvania School of Medicine and the Trustees of the University of Pennsylvania to Dismiss

1

Plaintiff’s Third Amended Complaint (Doc. No. 39) is GRANTED IN PART and DENIED IN
PART as follows:
1.

Defendants’ Motion to Dismiss is GRANTED on Plaintiff’s breach of contract
claim in Count I.

2.

Defendants’ Motion to Dismiss is GRANTED on Plaintiff’s promissory estoppel
claim in Count II.

3.

Defendants’ Motion to Dismiss is DENIED on Plaintiff’s racial discrimination
claim under 42 U.S.C. § 1981 in Count III.

4.

Defendants’ Motion to Dismiss is DENIED on Plaintiff’s Title VI discrimination
and retaliation claim in Count IV.

5.

Defendants’ Motion to Dismiss is GRANTED on Plaintiff’s breach of fiduciary
duty claim in Count V.

6.

Defendants’ Motion to Dismiss is DENIED on Plaintiff’s negligent supervision
claim in Count VI.

Defendants the University of Pennsylvania School of Medicine and the Trustees of the
University of Pennsylvania are ORDERED to file an Answer to Plaintiff’s remaining claims in
Counts III, IV, and VI within fourteen (14) days from the entry of this Order.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

2