HOBSON v. ST. LUKE'S HOSPITAL AND HEALTH NETWORK

Filing 16

ORDER THAT DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR PLAINTIFF TO FILE A MORE SPECIFIC AMENDED COMPLAINT, CONSISTENT WITH THE ACCOMPANYING OPINION, ON OR BEFORE OCTOBER 23, 2009. IT IS FURTHER ORDERED THAT DEFENDANTS ALTERNATIVE MOTION FOR SUMMARY JUDGMENT IS DISMISSED AS MOOT WITHOUT PREJUDICE FOR DEFENDANT TO RE-FILE A MOTION FOR SUMMARY JUDGMENT AT THE CLOSE OF DISCOVERY. IT IS FURTHER ORDERED THAT DEFENDANTS REQUEST FOR ATTORNEYS FEES AND COSTS IS DENIED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/28/09. 9/28/09 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PETER HOBSON, Plaintiff vs. ST. LUKE'S HOSPITAL AND HEALTH NETWORK, Defendant ) ) ) ) ) ) ) ) ) ) Civil Action No. 08-CV-05652

ORDER NOW, this 28th day of September, 2009, upon consideration of the following pleadings and briefs: (1) Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment, which motion was filed December 12, 2008; Memorandum of Law in Support of Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment, which memorandum was filed December 12, 2008; Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss the Amended Complaint or in the Alternative for Summary Judgment, which memorandum was filed December 26, 2008; and Defendant's Reply Brief filed January 23, 2009;

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(3)

(4)

and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that defendant's motion to dismiss plaintiff's complaint is granted. IT IS FURTHER ORDERED that plaintiff's Complaint is dismissed without prejudice for plaintiff to file a more specific

Amended Complaint, consistent with the accompanying Opinion, on or before October 23, 2009. IT IS FURTHER ORDERED that defendant's alternative motion for summary judgment is dismissed as moot without prejudice for defendant to refile a motion for summary judgment at the close of discovery. IT IS FURTHER ORDERED that defendant's request for attorneys' fees and costs is denied.

BY THE COURT:

/s/ James Knoll Gardner James Knoll Gardner United States District Judge

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