PORTER v. CROZER CHESTER MEDICAL CENTER, INC. et al

Filing 28

ORDER THAT DEFENDANTS CROZER-CHESTER MEDICAL CENTER, INC., MOHAMMED E. BUDEIR, M.D., TIMOTHY J. HARRISON, D.O., AND MARCIN A. JANKOWSKI, D.O.S MOTION TO DISMISS (DOCKET ENTRY 8 ) IS DISMISSED AS MOOT; DEFENDANT RONALD B. PHILLIPSS MOTION TO DISMISS (DOCKET ENTRY 10 ) IS GRANTED IN PART; DEFENDANTS COMMUNICATION EDUCATION CENTER, INC., THE COUNTY OF DELAWARE, PENNSYLVANIA, FRANK GREEN, MARGARET GRIFFITH, JAMES E. HYMAN, SUSAN KENDRA, LYNN MILANO, DOROTHY MURRY, STEVE C. TOMLIN, AND MELISSA WE GLARZS TO MOTION TO DISMISS (DOCKET ENTRY 12 ) IS GRANTED IN PART; COUNTS III, IV, VII, X, AND XI OF THE COMPLAINT ARE DISMISSED WITHOUT PREJUDICE; RONALD B. PHILLIPSS REPLY BRIEF (DOCKET ENTRY 24 ), FILED WITHOUT LEAVE OF COURT, IS STRICKEN; CO MMUNICATION EDUCATION CENTER, INC.S MOTION FOR LEAVE TO FILE A REPLY BRIEF (DOCKET ENTRY 26 ) IS GRANTED, AND THE CLERK OF COURT SHALL DOCKET EXHIBIT A OF THAT MOTION; AND PLAINTIFF MAY FILE AN AMENDED COMPLAINT CURING THE DEFICIENCIES IDENTIFIED IN THIS COURTS MEMORANDUM BY NOON ON AUGUST 22, 2016, WHICH THE COURT WILL DEEM TIMELY FILED FOR PURPOSES OF THE STATUTE OF LIMITATIONS. SIGNED BY HONORABLE STEWART DALZELL ON 8/1/16. 8/1/16 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GWENDOLYN PORTER, Administratrix
of the Estate of Jamere Porter, Deceased
v.
CROZER CHESTER
MEDICAL CENTER, INC., et al.

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CIVIL ACTION

NO. 16-2252

ORDER
AND NOW, this 1st day of August, 2016, upon consideration of defendants
Crozer-Chester Medical Center, Inc., Mohammed E. Budeir, M.D., Timothy J. Harrison, D.O.,
and Marcin A. Jankowski, D.O.’s motion to dismiss (docket entry #8), defendant Ronald B.
Phillips’s motion to dismiss (docket entry #10), and defendants Communication Education
Center, Inc., the County of Delaware, Pennsylvania, Frank Green, Margaret Griffith, James E.
Hyman, Susan Kendra, Lynn Milano, Dorothy Murry, Steve C. Tomlin, and Melissa Weglarz’s
motion to dismiss (docket entry #12), plaintiff’s responses in opposition thereto, Phillips’s reply
brief (docket entry #24), and Communication Education Center, Inc.,’s motion for leave to file a
reply brief (docket entry #26), and for the reasons set forth in our Memorandum issued this day,
it is hereby ORDERED that:
1.

Defendants Crozer-Chester Medical Center, Inc., Mohammed E. Budeir,

M.D., Timothy J. Harrison, D.O., and Marcin A. Jankowski, D.O.’s motion to dismiss (docket
entry #8) is DISMISSED AS MOOT;
2.

Defendant Ronald B. Phillips’s motion to dismiss (docket entry #10) is

GRANTED IN PART;
3.

Defendants Communication Education Center, Inc., the County of

Delaware, Pennsylvania, Frank Green, Margaret Griffith, James E. Hyman, Susan Kendra, Lynn

Milano, Dorothy Murry, Steve C. Tomlin, and Melissa Weglarz’s to motion to dismiss (docket
entry #12) is GRANTED IN PART;
4.

Counts III, IV, VII, X, and XI of the Complaint are DISMISSED

WITHOUT PREJUDICE;
5.

Ronald B. Phillips’s reply brief (docket entry #24), filed without leave of

Court, is STRICKEN;
6.

Communication Education Center, Inc.’s motion for leave to file a reply

brief (docket entry #26) is GRANTED, and the Clerk of Court shall DOCKET Exhibit A of that
motion; and
7.

Plaintiff may FILE an amended complaint curing the deficiencies

identified in this Court’s Memorandum by noon on August 22, 2016, which the Court will deem
timely filed for purposes of the statute of limitations.

BY THE COURT:

__/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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