NOISETTE v. CITY OF PHILADELPHIA et al

Filing 37

ORDER THAT THE MOTION TO DISMISS IS GRANTED AS TO ALL CLAIMS AGAINST THE CITY OF PHILADELPHIA, COMMISSIONER BLANCHE CARNEY, WARDEN GERALD MAY AND CHIEF MEDICAL OFFICER BRUCE HERDMAN. THE MHM MOTION TO DISMISS IS GRANTED AS TO ALL COUNTS AGAINST MHM SERVICES, INC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/19/17. 10/20/17 ENTERED AND COPIES E-MAILED.(mbh, ). Modified on 10/20/2017 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARIE NOISETTE ON BEHALF OF
THE ESTATE OF CARL DAVID
NO/SETTE
Plaintiff,

0
0

CIVIL ACTION

v.
No. 16-6419

CITY OF PHILADELPHIA et al.,
Defendants.

ORDER
AND NOW, this 19th day of October, 2017, upon consideration of the Plaintiffs First

Amended Complaint (Doc. No.7), Defendants' Second Motion to Dismiss for Failure to State a
Claim (Doc. No. 20), the Plaintiffs Response (Doc. No. 24) Defendant MHM's Motion to
Dismiss (Doc. No. 27) Plaintiffs Response in Opposition (Doc. No. 30) and oral argument held
on September 27, 2017 relating thereto, it is hereby ORDERED that:

1) The Motion to Dismiss (Doc. No. 20) is GRANTED as to all claims against the City of
Philadelphia, Commissioner Blanche Carney, Warden Gerald May, and Chief Medical
Officer Bruce Herdman.

2) The MHM Motion to Dismiss (Doc. No. 27) is GRANTED as to all counts against
MHM Services, Inc.

3) All claims dismissed are without prejudice. The plaintiff is granted leave to amend the
complaint.

BY THE COURT:

TATES DISTRICT JUDGE