HOLLINGER v. READING HEALTH SYSTEM et al

Filing 35

ORDER THAT THE DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. COUNTS I AND II OF THE PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. COUNTS III AND IV ARE DISMISSED WITHOUT PREJUDICE. THE DEFENDANTS MOTION TO DISMISS IS DENIED WITH RESPECT TO COUNT V. THE PLAINTIFF SHALL FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/14/2016. 7/14/2016 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES N. HOLLINGER, Plaintiff, v. READING HEALTH SYSTEM, et al., Defendants. : : : : : : : : : : CIVIL ACTION NO. 15-5249 ORDER AND NOW, this 14th day of July, 2016, upon consideration of the defendants’ motion to dismiss (Doc. Nos. 17, 18), the plaintiff’s response (Doc. No. 23), the defendants’ reply (Doc. No. 26), the plaintiff’s surreply (Doc. No. 29), the defendants’ supplemental submission of authority (Doc. No. 32) and the plaintiff’s response (Doc. No. 33), IT IS HEREBY ORDERED that: 1. The defendants’ motion to dismiss (Doc. Nos. 17, 18) is GRANTED in part and DENIED in part. 2. Counts I and II of the plaintiff’s amended complaint are DISMISSED with prejudice. Counts III and IV are DISMISSED without prejudice. The defendants’ motion to dismiss is DENIED with respect to Count V. 3. The plaintiff shall file an amended complaint within twenty (20) days of the date of this Order. BY THE COURT /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

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