WILTON v. OPHTHALMOLOGY PHYSICIANS AND SURGEONS, P.C. et al

Filing 30

ORDER THAT DEFENDANTS OPHTHALMOLOGY PHYSICIANS AND SURGEONS, P.C. AND FRANCIS J. CLARK, M.D.'S MOTION TO DISMISS COUNT ONE 17 IS GRANTED WITHOUT PREJUDICE; COUNT TWO, THREE, AND FOUR ARE DISMISSED WITHOUT PREJUDICE; AND DEFENDANT WADE, GOLDSTE IN, LANDAU, ABRUZZO, P.C.'S MOTION TO DISMISS 16 IS DENIED AS MOOT. PLAINTIFF MAY FILE AN AMENDED COMPLAINT AS TO COUNT ONE WITH FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/15/16.11/16/16 ENTERED AND COPIES E-MAILED. (ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUSAN WILTON M.D.
Plaintiff,
CIVIL ACTION
vs.
OPHTHALMOLOGY PHYSICIANS
AND SURGEONS, P.C., FRANCIS J.
CLARK M.D. and WADE, GOLDSTEIN,
LANDAU, ABRUZZO, P.C.

NO. 16-cv-3784

Defendants.
ORDER
And NOW, this 15th day of November 2016, for the reasons stated in the foregoing
memorandum, it is hereby ORDERED as follows:
1. Defendants Ophthalmology Physicians and Surgeons, P.C. and Francis J. Clark, M.D.’s
Motion to Dismiss Count One (ECF No. 17) is GRANTED without prejudice;
2. Count Two, Count Three and Count Four are dismissed without prejudice; and
3. Defendant Wade, Goldstein, Landau, Abruzzo, P.C.’s Motion to Dismiss (ECF No. 16) is
DENIED as moot.
Plaintiff may file an amended complaint as to Count One within fourteen (14) days of the date of
this Order.

BY THE COURT:
/s/ Michael M. Baylson
_________________________
Michael M. Baylson, U.S.D.J.
O:\Jessica.2016\16-cv-3784 Wilton v. Ophthalmology Physicians and Surgeons\Order Re Motion to Dismiss.docx