Merrion v. Corizon Health, Inc. et al

Filing 50

ORDER: 1. The magistrate judges report 45 is REJECTED in part andADOPTED in part. 2. The portion of the mjs report that recommends Pltfsclaims against Dfts Maxa, ORourke, Sherbine, Parlavecchio, Prison HealthServices, Inc., and PHS Correctional Hea lthcare be dismissed, is REJECTED.3. Pltfs mtn to strike 40 Dfts Exhibit A [37-1] is GRANTED.4. Dfts mtn to dismiss Counts I and II of the amended complaint with respect to Dfts Diaz, Gustitus, Lisiak, Iannuzzi, Andreuzzi, Maxa, ORourke,Sherbine, P arlavecchio, Prison Health Services, Inc., and PHS Correctional Healthcare is DENIED.5. Pltfs damages claims against the individual dfts in their official capacities are DISMISSED WITH PREJUDICE.6. Dfts mtn to dismiss Pltfs claims for punitive damages against the individual dfts in their personal capacities is DENIED. 7. This case is placed on the March 2014 trial list, which begins 3/10/14, scheduling order to follow.Signed by Honorable William W. Caldwell on 12/23/13 (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JAMES MERRION,
Plaintiff
v.
CORIZON HEALTH, INC., et al.,
Defendants.

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: CIVIL NO. 13-cv-1757
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ORDER

AND NOW, this 23rd day of December, 2013, upon consideration of the
report and recommendation of the magistrate judge (Doc. 45), filed October 17th, 2013,
and the objections that were filed, it is ordered that:
1. The magistrate judge’s report (Doc. 45) is REJECTED in part and
ADOPTED in part.
2. The portion of the magistrate judge’s report that recommends Plaintiff’s
claims against Defendants Maxa, O’Rourke, Sherbine, Parlavecchio, Prison Health
Services, Inc., and PHS Correctional Healthcare be dismissed, is REJECTED.
3. Plaintiff’s motion to strike (Doc. 40) Defendants’ Exhibit A (Doc. 37-1) is
GRANTED.
4. Defendant’s motion to dismiss Counts I and II of the amended complaint
with respect to Defendants Diaz, Gustitus, Lisiak, Iannuzzi, Andreuzzi, Maxa, O’Rourke,
Sherbine, Parlavecchio, Prison Health Services, Inc., and PHS Correctional Healthcare is
DENIED.

5. Plaintiff’s damages claims against the individual defendants in their
official capacities are DISMISSED WITH PREJUDICE.
6. Defendants’ motion to dismiss Plaintiff’s claims for punitive damages
against the individual defendants in their personal capacities is DENIED.
7. This case is placed on the March 2014 trial list, which begins March 10,
2014, scheduling order to follow.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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