FARGIONE et al v. SWEENEY et al

Filing 26

OPINION/ORDER THAT THE MOTION TO DISMISS PLAINTIFFS' COMPLAINT AND/OR MOTION TO STRIKE IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 10/18/17. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/27/17. 9/27/17 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
JENNIFER L. FARGIONE and
:
JUDY L. PAVELKO, In their own right and :
as Co-Administrators for the Estate of
:
CAROL L. WILLIAMS, Deceased,
:
Plaintiffs,
:
:
v.
:
:
EDWARD SWEENEY, et al.,
:
Defendants. :
____________________________________:

CIVIL ACTION

NO. 16-5878

ORDER
AND NOW, this

27th

day of September, 2017, upon consideration of

Motion to Dismiss Plaintiffs’ Complaint and/or Motion to Strike by Defendant, PrimeCare
Medical, Inc. (Dkt. No. 18), the Plaintiffs’ Memorandum of Law in Opposition (Dkt. No. 19) and
consistent with the accompanying Memorandum,
IT IS ORDERED that the Motion is DENIED as to Plaintiffs’ Section 1983
claims in Counts I and II, claims for negligent infliction of emotional distress in Count X,
wrongful death in Count XII and survival in Count XIII;
IT IS ORDERED that Plaintiffs’ Fourteenth Amendment claims against
PrimeCare in Counts I and II are DISMISSED with prejudice;
IT IS ORDERED that Plaintiffs’ conspiracy claims in Counts VI and XI are
DISMISSED with leave to amend to the extent that Plaintiffs can set forth factual averments to
plausibly allege the requisite agreement or concerted action between PrimeCare and any of the
Defendants;

IT IS ORDERED that Plaintiffs’ corporate negligence claim in Count VIII is
DISMISSED with leave to amend to the extent that Plaintiffs are able to allege sufficient facts to
plead PrimeCare’s direct liability for negligence;
IT IS ORDERED that Plaintiffs’ intentional infliction of emotional distress
claim in Count IX is DISMISSED with leave to amend;
IT IS ORDERED that the Motion to Strike Paragraphs 50 and 51 of
the Complaint is DENIED.
IT IS FINALLY ORDERED that Plaintiffs may file an Amended Complaint on
or before Wednesday, October 18, 2017.
BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
UNITED STATES MAGISTRATE JUDGE

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