DAVENPORT v. POTTSTOWN HOSPITAL COMPANY LLC et al

Filing 50

ORDER THAT DEFENDANT PAMELA FRANZ'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 PAMELA FRANZ 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

NO. 17-1616

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

6th

day of October 2017, upon considering Defendant Pamela Franz's

Motion to Dismiss (ECF Doc. No. 42), Plaintiff's Response (ECF Doc. No. 45) and for reasons
in the accompanying Memorandum, it is ORDERED Defendant Pamela Franz's Motion to
Dismiss (ECF Doc. No. 42) is GRANTED in part and DENIED in part:
1.

Plaintiff's §1983 claim against Pamela Franz (Count I) is dismissed with

prejudice;
2.

Plaintiff's negligence claim against Pamela Franz (Count VII) is dismissed; and,

3.

Plaintiff may proceed on his intentional infliction of emotional distress claim

against Pamela Franz (Count X) who shall answer the Second Amended Complaint on or before
October 20, 2017.