DAVENPORT v. POTTSTOWN HOSPITAL COMPANY LLC et al

Filing 48

ORDER THAT DEFENDANTS POTTSTOWN HOSPITAL COMPANY LLC, JOSE ORTIZ AND RITA ANDREW'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF MAY PROCEED ON HIS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM AGAINST THE HOSPITAL, ORTIZ AND ANDREWS WHO SHALL ANSWER THE SECOND AMENDED COMPLAINT ON OR BEFORE 10/20/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/6/17. 10/6/17 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,
III

v.

CIVIL ACTION

N0.17-1616

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

6th

day of October 2017, upon considering Defendants Pottstown

Hospital Company, LLC, Jose Ortiz and Rita Andrews's Motion to Dismiss (ECF Doc. No. 39),
Plaintiffs Response (ECF Doc. No. 43), Defendants' Reply (ECF Doc. No. 46) and for reasons
in the accompanying Memorandum, it is ORDERED Defendants' Motion to Dismiss (ECF Doc.
No. 39) is GRANTED in part and DENIED in part:

1.

Plaintiffs §1983 claims against Jose Ortiz (Counts I and III) are dismissed with

prejudice;
2.

Plaintiffs negligence claim against Pottstown Hospital Company, LLC and Rita

Andrews (Count VII) is dismissed;
3.

Plaintiffs corporate negligence claim against the Hospital (Count VIII) is

dismissed; and,
4.

Plaintiff may proceed on his intentional infliction of emotional distress claim

against the Hospital, Jose Ortiz and Rita Andrews (Count X) who shall answer the Second
Amended Complaint on or before October 20, 2017.