WOLFINGTON v. RECONSTRUCTIVE ORTHOPAEDIC ASSOCIATES II, P.C. et al

Filing 23

ORDER THAT DEFT'S MOTION FOR JUDGMENT ON THE PLEADINGS UNDER F.R.C.P. 12(c), OR IN THE ALTERNATIVE, SUMMARY JUDGMENT UNDER F.R.C.P. 56 (ECF NO. 10), IS GRANTED & THE COMPLAINT IS DISMISSED, WITH PREJUDICE. PLFF'S MOTION TO DISMISS DEFT' ;S COUNTERCLAIM UNDER F.R.C.P. 12(b)(1) (ECF NO. 8) IS GRANTED, WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT PLFF SHALL HAVE UNTIL 1/13/2017 TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/22/16. 12/22/16 ENTERED AND COPIES E-MAILED.(kw, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANDREW WOLFINGTON Plaintiff, vs. CIVIL ACTION NO. 16-cv-4935 RECONSTRUCTIVE ORTHOPAEDIC ASSOCIATES II, P.C. a/k/a The Rothman Institute Defendant. ORDER And NOW, this 2ih day of December 2016, for the reasons stated in the foregoing memorandum, it is hereby ORDERED that Defendant's Motion for Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c), or in the alternative, Summary Judgment under Federal Rule of Civil Procedure 56 (ECF No. 10), is GRANTED, and the Complaint is dismissed, with prejudice. Plaintiffs Motion to Dismiss Defendant's Counterclaim Under Federal Rule of Civil Procedure 12(b)(l) (ECF No. 8) is GRANTED, without prejudice. It is further ORDERED, pursuant to Federal Rule of Civil Procedure ll(c)(3), that Plaintiff shall have until January 13, 2017 to show cause why sanctions should not be imposed. Defendant shall have fourteen ( 14) days to respond. O:\Jessica.2016\16-cv-4935, Wolfington v. ROA \Order Re D Motion for Judgment on Pleadings and P Motion to Dismiss Counterclaim.docx

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?