DAVENPORT v. POTTSTOWN HOSPITAL COMPANY LLC et al

Filing 21

ORDER THAT POTTSTOWN HOSPITAL COMPANY LLC'S MOTION TO DISMISS THE AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART. WE GRANT DEFENDANT'S MOTION TO DISMISS FIRST AND SECOND AMENDMENT CLAIMS, THE SUPERVISORY LIABILITY MONELL CLAIM AND PENNSYLVANIA MEDICAL AND CORPORATE NEGLIGENCE CLAIMS WITHOUT PREJUDICE TO REPLEAD, IF POSSIBLE UNDER THE LAW, IN A SECOND AMENDED COMPLAINT FILED ON OR BEFORE 8/18/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/18/17. 7/18/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAYMOND SAMUEL DAVENPORT,

CIVIL ACTION

III

v.

NO. 17-1616

POTTSTOWN HOSPITAL COMPANY
LLC, et al
ORDER
AND NOW, this

18th

day of July 2017, upon considering Pottstown Hospital Company,

LLC d/b/a Pottstown Memorial Medical Center's Motion to Dismiss the amended complaint
against it (ECF Doc. No. 14), Mr. Davenport's Response (ECF Doc. No. 17), Defendant's Reply
(ECF Doc. No. 18) and for reasons in the accompanying Memorandum, it is ORDERED the
Motion to Dismiss (ECF Doc. No. 14) is GRANTED in part and DENIED in part:
1.

We GRANT Defendant's Motion to Dismiss the § 1983 First and Second

Amendment claims, the supervisory liability Monell claim and Pennsylvania medical and
corporate negligence claims without prejudice to be replead, if possible under the law, in a
second amended complaint filed on or before August 18, 2017;
2.

We DENY Defendant's Motion to Dismiss the state law claim for intentional

infliction of emotional distress; and,
3.

Absent an amended complaint filed on or before August 18, 2017, Defendant

shall file an answer no later than August 25, 2017.