KEIFER v. LANCASTER COUNTY et al

Filing 28

OPINION/ORDER THAT THE MOTION TO DISMISS, (DOC. NO. 21) IS GRANTED. IT IS ORDERED THAT ALL CLAIMS FILED PURSUANT TO THE FOURTH AMENDMENT AND PLAINTIFF'S MONETARY CLAIMS PURSUANT TO THE PENNSYLVANIA CONSTITUTION AGAINST THE MEDICAL DEFENDANTS AR E DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT ALL CLAIMS IN COUNT V OF THE COMPLAINT AGAINST PRIMECARE MEDICAL, INC. ARE DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT THE MEDICAL DEFENDANTS SHALL HAVE FOURTEEN DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO PLAINTIFF'S COMPLAINT. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 7/24/17. 7/25/17 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
KATHY KEIFER, Administratrix of the
:
CIVIL ACTION
ESTATE OF ZACHARY KEIFER,
:
Plaintiff,
:
NO. 16-6620
v.
:
:
PRIMECARE MEDICAL, INC.,
:
JOHN W. WICKIZER, DENISE SIPE,
:
MARK TURGEON, WILLIAM CATTELL, et al., :
Defendants. :
__________________________________________:
ORDER
AND NOW, this 24th

day of July, 2017, upon consideration of the Motion to

Dismiss of Primecare Medical, Inc., William Cattell, Mark Turgeon, John W. Wickizer and
Denise Sipe (the “Medical Defendants”) (Dkt. No. 21) filed on March 31, 2017, and Plaintiff’s
Answer and Memorandum of Law in Opposition to the Motion (Dkt. No. 24) filed on April 24,
2017, and for the reasons expressed in the foregoing Memorandum,
IT IS ORDERED that the Motion is GRANTED.
IT IS ORDERED that all claims filed pursuant to the Fourth Amendment and
Plaintiff’s monetary claims pursuant to the Pennsylvania Constitution against the Medical
Defendants are DISMISSED with prejudice.
IT IS FURTHER ORDERED that all claims in Count V of the Complaint
against PrimeCare Medical, Inc. are DISMISSED with prejudice.

IT IS FURTHER ORDERED that the Medical Defendants shall have fourteen
(14) days from the date of this Order to file an answer to Plaintiff’s Complaint, including the
remaining claims for Deliberate Indifference pursuant to 42 U.S.C. § 1983 and the Eighth and
Fourteenth Amendments Against Defendants PrimeCare Medical, Inc., Wickizer, Sipe, Turgeon
and Cattell (Count I), Negligence Against Defendants PrimeCare Medical, Inc. and Wickizer
(Count II), Wrongful Death Against Defendants PrimeCare Medical, Inc., Wickizer, Sipe,
Turgeon and Cattell (Count VI), and Punitive Damages Against Defendants Wickizer, Sipe,
Turgeon and Cattell (Count VII).

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge

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