O'LEARY v. WEXFORD HEALTH SOURCES, INC. et al

Filing 21

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT NO LATER THAN 2/23/2017.. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/17/2017. 1/17/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAWN PATRICK O’LEARY
v.
WEXFORD HEALTH SOURCES,
INC., ET AL.

:
:
:
:
:
:

CIVIL ACTION

NO. 16-1393

ORDER
AND NOW, this 17th day of January, 2017, upon consideration of Defendants’ “Motion
to Dismiss Plaintiff’s Amended Complaint” (Docket No. 17) and all documents filed in
connection therewith, IT IS HEREBY ORDERED as follows:
1.

The Motion to Dismiss is GRANTED as to Count I of the First Amended

Complaint and Count I is DISMISSED without prejudice.
2.

The Motion to Dismiss is GRANTED with respect to Plaintiff’s request for an

award of punitive damages on his state law medical malpractice claims and Plaintiff’s request for
punitive damages with respect to those claims is DISMISSED without prejudice.
3.

The Motion to Dismiss is DENIED in all other respects.

4.

Plaintiff may file a second amended complaint that cures the deficiencies in the

First Amended Complaint no later than February 23, 2017.

BY THE COURT:

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