MANORCARE OF EASTON PA LLC v. NAGY

Filing 127

OPINION/ORDER THAT COUNTER-DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED, AND CONTER-PLAINTIFFS' MOTION TO STRIKE NO. 96 IS DENIED. COUNTER-PLAINTIFFS' AMENDED COUNTERCLAIM IS DISMISSED WITH PREJUDICE. THE ONLY REMAINING PARTIES IN THIS MATTER ARE PLAINTIFF MANORCARE AND THE NAGY DEFENDANTS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/29/17. 9/29/17 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MANORCARE OF EASTON PA LLC,
Plaintiff,
v.
THE ESTATE OF JOSEPH A. NAGY,
Defendant

CIVIL ACTION
NO. 13-5957

__________________________
THE ESTATE OF JOSEPH A. NAGY and
JOSEPH EUGENE NAGY,
Counter-Plaintiffs,
v.
MANORCARE OF EASTON PA LLC;
KENNEDY, PC; NORTHAMPTON COUNTY;
AETNA, INC.; DR. EDWARD CUMBO; DR.
DILIP BERA; BRAKELEY PARK CENTER;
NEW EASTWOOD CARE AND REHAB;
COMMONWEALTH OF PENNSYLVANIA;
DR. STEPHEN KSIAZEK; and ST. LUKE’S
WARREN HOSPITAL,
Counter-Defendants
ORDER
AND NOW, this 29th day of September, 2017, upon review of CounterDefendants’ Motions to Dismiss, and all supporting and opposing papers, it is hereby
ORDERED as follows:
1. Counter-Defendant ManorCare’s Motion to Dismiss (Docket No. 36) is
GRANTED.
2. Counter-Defendant St. Luke’s Warren Hospital’s Motion to Dismiss (Docket
No. 51) is GRANTED.
3. Counter-Defendant Commonwealth of Pennsylvania’s Motion to Dismiss
(Docket No. 52) is GRANTED.

4. Counter-Defendant Northampton County’s Motion to Dismiss (Docket No.
53) is GRANTED.
5. Counter-Defendant Kennedy, PC’s Motion to Dismiss (Docket No. 59) is
GRANTED.
6. Counter-Defendant Dr. Dilip Bera’s Motion to Dismiss (Docket No. 60) is
GRANTED.
7. Counter-Defendant Aetna, Inc.’s Motion to Dismiss (Docket No. 62) is
GRANTED.
8. Counter-Defendant Brakeley Park Center’s Motion to Dismiss (Docket No.
77) is GRANTED.
9. Counter-Defendant Dr. Edward Cumbo’s Motion to Dismiss (Docket No. 88)
is GRANTED.
10. Counter-Defendant Dr. Stephen Ksiazek’s Motion to Dismiss (Docket No. 91)
is GRANTED.
11. Counter-Defendant New Eastwood Care and Rehab’s Motion to Dismiss
(Docket No. 95) is GRANTED.
12. Counter-Plaintiff Joseph Eugene Nagy’s Motion to Strike (Docket No. 96) is
DENIED.
13. Counter-Plaintiffs’ Amended Counterclaim is DISMISSED with prejudice.
14. The following Counter-Defendants are DISMISSED with prejudice:
Kennedy, PC; Northampton County; Aetna, Inc.; Dr. Edward Cumbo; Dr.
Dilip Bera; Brakeley Park Center; New Eastwood Care and Rehab;

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Commonwealth of Pennsylvania; Dr. Stephen Ksiazek; and St. Luke’s Warren
Hospital.
15. The only remaining parties in this matter are Plaintiff ManorCare and the
Nagy Defendants.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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