BILINSKI v. WILLS EYE HOSPITAL et al

Filing 107

MEMORANDUM ORDER THAT THE MOTION TO DISMISS DOC. NO. 92 , IS GRANTED IN FULL AND THE MOTIONS TO DISMISS (DOC. NOS. 86 AND 87 ), ARE GRANTED IN PART AS OUTLINED HEREIN. PLAINTIFF RONALD BILINSKI SHALL FILE CERTIFICATE(S) OF MERIT AND THE ACCOMPANY ING WRITTEN STATEMENT(S) TO SUPPORT HIS MEDICAL MALPRACTICE CLAIM(S) BY OR BEFORE 11/28/2016. IF BILINSKI FAILS TO DO SO BY OR BEFORE 11/28, HIS MEDICAL MALPRACTICE CLAIMS WILL BE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/26/2016. 10/26/2016 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD JOSEPH BILINSKI,
Plaintiff,

CIVIL ACTION
NO. 16-02728

v.
WILLS EYE HOSPITAL, et al.,
Defendants.
PAPPERT, J.

OCTOBER 26, 2016
ORDER

AND NOW, this 26th day of October, 2016, in consideration of three Motions to
Dismiss—ECF Nos. 86, 87 and 92—filed on behalf of various Defendants,7 it is hereby
ORDERED that ECF No. 92 is GRANTED in full and ECF Nos. 86 and 87 are GRANTED IN
PART.
ECF No. 86 is GRANTED with respect to all claims asserted under the United States
Constitution, federal criminal statutes, the FD&C Act, the federal regulations regarding the
“Protection of Human Subjects,” the False Claims Act, Title VII, the Clayton Act, EMTALA and
the ADA and with respect to all Defendants EXCEPT Defendants Samuel K Houston, III and
Retinovitreous Associates, Ltd.
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ECF No. 86 is filed on behalf of Dr. Robert S. Bailey, Jr., Donna Gambino, Retinovitreous Associates, Ltd.
(incorrectly named as Mid Atlantic Retina, Retino Viteous Assoc. Ltd. And Mid Atlantic Retina Practice), Rhonda
Colclough (incorrectly named as Rhonda Ceretelle and Rhonda Colclough), John Duemell, Ed Weber, Kristen
Winkelsphect (incorrectly named as Winkel Spect), Barbara Brown, Dr. David C. Reed, Dr. Sonia Mehta
(incorrectly named as Dr. Sonja Mehta) and Dr. Samuel K. Houston, III.
ECF No. 87 is filed on behalf of Wills Eye Hospital, Wills Eye Institute, Wills Eye Ophthalmology Clinic,
Inc., Joseph P. Bilson, Dr. Julia A. Haller, “Yla, Secretary to Dr. Julia A. Haller,” “Lisa, Secretary to Julia A.
Haller,” Michael Allen, Licensed Legal Counsel for Wills Eye, Wills Eye Foundation and Sarah Rapuano.
ECF No. 92 is filed on behalf of Michael Anthony Dellavecchia.

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ECF No. 87 is GRANTED with respect to all claims asserted under the United States
Constitution, federal criminal statutes, the FD&C Act, the federal regulations regarding the
“Protection of Human Subjects,” the False Claims Act, Title VII, the Clayton Act, EMTALA and
the ADA and with respect to all Defendants EXCEPT Wills Eye Hospital, Wills Eye Institute,
Wills Eye Ophthalmology Clinic, Inc. and the City of Philadelphia Trust.
Plaintiff Ronald Bilinski shall file Certificate(s) of Merit and the accompanying written
statement(s) to support his medical malpractice claim(s) by or before November 28, 2016. If
Bilinski fails to do so by or before November 28, his medical malpractice claims will be
dismissed with prejudice.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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