STICKILY v. COUNTY OF LANCASTER et al

Filing 78

ORDER THAT THE MOTIONS [DOCS. 41 AND 43] ARE GRANTED AS FOLLOWS: PURSUANT TO ECF 48-1, P. 5 N.1, COUNT ONE IS DISMISSED. ALL CLAIMS AGAINST THE INDIVIDUAL DEFENDANTS, DENNIS MOLYNEAUX, PAUL SMEAL, JOHN DOES 1-100 AND A-Z IN COUNTS TWO THROUGH FO UR OF THE COMPLAINT ARE ALSO DISMISSED. THE MOTIONS ARE GRANTED AS TO COUNT TWO OF THE COMPLAINT. JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS PRIMECARE MEDICAL, INC. AND COUNTY OF LANCASTER AND AGAINST THE PLAINTIFF ON COUNT TWO OF THE COMPLAI NT. COUNTS THREE AND FOUR OF THE COMPLAINT ARE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION AND WITHOUT PREJUDICE TO PLAINTIFF BRINGING THESE CLAIMS IN THE APPROPRIATE STATE COURT. SINCE THIS ACTION WAS TIMELY FILED AND HAS BEEN PENDING BEFORE THIS COURT, THE STATUTE OF LIMITATIONS IS TOLLED FOR FILING PURPOSES IN STATE COURT. THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/28/20. 2/28/20 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WALT STICKILY
v.
COUNTY OF LANCASTER, et al.

: CIVIL ACTION
:
: NO. 16-6252
:
:

ORDER
AND NOW, this 28th day of February, 2020, upon consideration of the
defendants’ motions for summary judgment and all responses and replies thereto, it is
hereby ORDERED that the motions [Docs. 41 and 43] are GRANTED as follows:
Pursuant to ECF 48-1, p. 5 n.1, Count One is DISMISSED.
All claims against the individual Defendants, Dennis Molyneaux, Paul
Smeal, John Does 1-100 and A-Z in Counts Two through Four of the Complaint are also
DISMISSED.
The motions are GRANTED as to Count Two of the Complaint.
Judgment is ENTERED in favor of the defendants PrimeCare Medical, Inc.
and County of Lancaster and against the Plaintiff on Count Two of the Complaint.
Counts Three and Four of the Complaint are DISMISSED for lack of
subject matter jurisdiction and without prejudice to Plaintiff bringing these claims in the
appropriate state court. Since this action was timely filed and has been pending before
this Court, the statute of limitations is tolled for filing purposes in state court.
The Clerk is DIRECTED to mark this case closed.

BY THE COURT:

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