WICHTERMAN v. CITY OF PHILADELPHIA et al

Filing 17

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED WITHOUT PREJUDICE TO DEFENDANT'S RIGHT TO RAISE THE ISSUES PRESENTED AFTER COMPLETION OF DISCOVERY BY MOTION FOR SUMMARY JUDGMENT AND/OR TRIAL. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/17/17. 4/17/17 ENTERED AND COPIES EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID WICHTERMAN, JR., as
Administrator of the Estate of Daniel
Wichterman,
Plaintiff,

CIVIL ACTION

v.

NO. 16-5796

CITY OF PHILADELPHIA,
CORIZON HEALTH,
POLICE CORRECTIONAL OFFICER
JUSTIN AVERY,
POLICE CORRECTIONAL OFFICER
WILLIAM GWALTHNEY, and
TAIRU WAHABU, RN,
Defendants.
ORDER
AND NOW, this 17th day of April, 2017, upon consideration of Defendant’s [City of
Philadelphia] Motion to Dismiss for Failure to State a Claim (Doc. No. 9, filed Jan. 17, 2017)
and Plaintiff’s Response in Opposition to the Motion to Dismiss of Defendant City of
Philadelphia (Doc. No. 11, Feb. 7, 2017), for the reasons set forth in the accompanying
Memorandum dated April 17, 2017, IT IS ORDERED that defendant’s Motion to Dismiss is
DENIED WITHOUT PREJUDICE to defendant’s right to raise the issues presented after
completion of discovery by motion for summary judgment and/or trial.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled
in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.