HENRY v. BUSKIRK et al

Filing 37

ORDER THAT THE MOTION TO DISMISS FILED BY DEFT PRIMECARE MEDICAL (DOC #19) IS GRANTED. THE ACTION AGAINST PRIMECARE MEDICAL IS DISMISSED WITH PREJUDICE. THE MOTION TO DISMISS FILED BY DEFT DR. VICTORIA GESSNER (DOC #25) IS GRANTED AS TO THE ADA CLAIM S ASSERTED AGAINST DR. GESSNER AND DENIED AS TO THE SECTION 1983 CLAIMS ASSERTED AGAINST DR. GESSNER. THE ADA CLAIM AGAINST DR. GESSNER IS DISMISSED WITH PREJUDICE. ( SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/21/11. ) 2/25/11 ENTERED AND COPIES E-MAILED.(gn, )

HENRY v. BUSKIRK et al

Doc. 37

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAMIAN HENRY Plaintiff v. TODD BUSKIRK, et al Defendants : : : : : : : CIVIL ACTION

NO. 08-1348

ORDER

AND NOW, this

21st

day of February, 2011, upon consideration of the motions to

dismiss filed by defendants PrimeCare Medical and Dr. Victoria Gessner, and the plaintiff's response thereto, it is hereby ORDERED that, as set forth in the accompanying memorandum: 1. The motion to dismiss filed by defendant PrimeCare Medical (Doc. No. 19) is GRANTED. The action against PrimeCare Medical is dismissed with prejudice. 2. The motion to dismiss filed by defendant Dr. Victoria Gessner (Doc. No. 25) is GRANTED as to the ADA claims asserted against Dr. Gessner and DENIED as to the Section 1983 claims asserted against Dr. Gessner. The ADA claim against Dr. Gessner is dismissed with prejudice.

BY THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

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