Fiedler v. Shady Grove Fertility

Filing 28

ORDER (Memorandum 27 filed previously as separate docket entry) GRANTING defts' MTD 23 , deeming Ct I of complaint 20 WITHDRAWN, DISMISSING Ct II of complaint, & granting pltf leave to amend Ct II w/in 20 days of date of this order noting if pltf fails to file amended pleading w/in that time Ct II shall be dismissed w/ prejudice & Clrk of Ct will be directed to close case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/16/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ERIC P. FIEDLER, M.D.,
Plaintiffs,
v.
SHADY GROVE REPRODUCTIVE
SCIENCE CENTER, P.C., t/a
SHADY GROVE FERTILITY
CENTERS, et al.,
Defendants.

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CIVIL ACTION NO. 1:13-CV-2737
(Chief Judge Conner)

ORDER
AND NOW, this 16th day of July, 2014, upon consideration of the motion
(Doc. 23) of defendants Shady Grove Reproductive Science Center, P.C., (“SG
Science Center”) and Shady Grove Fertility Center of Pennsylvania, PLLC, (“SG
Fertility Center”), to dismiss the complaint (Doc. 20) of plaintiff Eric P. Fiedler,
M.D., which seeks relief in equity against Shady Grove for fraudulent or intentional
misrepresentation and defamation, and for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED that:
1.

Defendants’ motion (Doc. 23) is GRANTED.

2.

Count I of plaintiff’s complaint (Doc. 20) is deemed WITHDRAWN.

3.

Count II of plaintiff’s complaint (Doc. 20) is DISMISSED without
prejudice.

4.

Plaintiff is granted leave to amend Count II within twenty (20) days of
the date of this order. If plaintiff fails to file an amended pleading
within that time, Count II shall be dismissed with prejudice and the
Clerk of Court will be directed to close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania