GIBBONS v. MONTGOMERTY COUNTY et al

Filing 24

ORDER THAT THE MOTIONS TO DISMISS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 15 DAYS OF THE DATE OF THIS ORDER.. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 7/18/2016. 7/18/2016 ENTERED AND COPIES E-MAILED.(kp, )

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

JOHN GIBBONS,

:
Plaintiff,

v.

:
:

MONTGOMERY COUNTY, et al.,
Defendants.

CIVIL ACTION

NO. 16-1233

:
:

ORDER
AND NOW, this 18th day of July, 2016, upon consideration of Defendants Mary
Rinehart, R.N., Christine E. Irvine, R.N., Seth Crossan, R.N., Debra McFadden, R.N. and
Octavier Brown, LPN’s (collectively, the “PrimeCare Employee Defendants”) Motion to
Dismiss the Complaint (Doc. No 10) and Defendants Montgomery County, Montgomery County
Correctional Facility, Warden Julius M. Algarin, C.O. Rummel, C.O. Schicknick, C.O. Jones,
C.O. Davenport, C.O Baurer, C.O. Davis and C.O. Appel’s Motion to Partially Dismiss the
Complaint (Doc. No. 12); and the briefing in support thereof and in opposition thereto, it is
hereby ORDERED that the Motions are GRANTED IN PART AND DENIED IN PART as
follows:
1. Count I of the Complaint is DISMISSED WITHOUT PREJUDICE as to each of the
PrimeCare Employee Defendants, Warden Julius M. Algarin, C. O. Appel and C.O.
Baurer.
2. Count III of the Complaint is DISMISSED WITHOUT PREJUDICE as to Defendants
Christine E. Irvine, R.N. and Seth Crossan, R.N.

3. Plaintiff John Gibbons is granted leave to file an Amended Complaint within 15 days of
the date of this order.

/s/ Marilyn Heffley
MARILYN HEFFLEY
UNITED STATES MAGISTRATE JUDGE

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