"DOE" v. WM OPERATING, LLC et al

Filing 39

ORDER THAT THE MOTIONS TO DISMISS (DOC. NOS. 20, 25 & 29) ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S CLAIMS UNDER THE NEW YORK STATE HUMAN RIGHTS LAW (COUNTS X AND XI) ARE DISMISSED WITH PREJUDICE. IN ALL OTHER RESPECTS, THE MOTIONS ARE DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/7/2017. 8/7/2017 ENTERED AND COPIES E-MAILED.(ahf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANK “DOE”

:
:
v.
:
:
WM OPERATING, LLC d/b/a/
:
MEADOWVIEW REHABILITATION AND :
NURSING CENTER, et al.
:

CIVIL ACTION
NO. 17-2204

ORDER
AND NOW, this 7th day of August, 2017, upon consideration of the motions to dismiss
by defendants John Chapman and WM Operating, LLC d/b/a Meadowview Rehabilitation and
Nursing Center, Dkt. No. 20, defendant Premier Healthcare Management, LLC, Dkt. No. 25, and
defendant Rest Haven Care Corp., Dkt. No. 29, and the responses by plaintiff Frank “Doe,” Dkt.
Nos. 24, 33 & 34, it is ORDERED that the motions are GRANTED IN PART and DENIED IN
PART, as follows:
(1)

Plaintiff’s claims under the New York State Human Rights Law (Counts X and
XI) are DISMISSED WITH PREJUDICE.

(2)

In all other respects, the motions are DENIED.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.