Ponzini et al v. Monroe County et al

Filing 401

ORDER granting in part and denying in part 354 Motion for Judgment as a Matter of Law or, in the alternative, motion for a new trial or, in the alternative, motion to alter or amend the judgment (remittitur) as follows: 1.Dr. Alex Thomas renewed motion for judgment as a matter of law on Plaintiffs section 1983 claim is GRANTED. 2.Pursuant to Federal Rule of Civil Procedure 50(c), should the Court of Appeals reverse or vacate the Courts entry of judgment as a matter of law for Dr. Alex Thomas on Plaintiffs section 1983 claim, the Court conditionally DENIES Dr. Thomas motion for a new trial. 3.Dr. Thomas motion for judgment as a matter of law on Plaintiffs negligence claim is DENIED. 4.Dr. Thomas motion for a new trial on Plaintiffs negligence claim is DENIED. 5.Dr. Thomas motion for a new trial on damages and/or remittitur is DENIED. Signed by Honorable Robert D. Mariani on 8/30/17 (jam)

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THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PETER PONZINI, ESQUIRE and MIRYEM BARBAROS, as Co-Administrators of the Estate of Mumun Barbaros, Deceased, Plaintiffs, v. 3:11-CV-00413 (JUDGE MARIANI) PRIMECARE MEDICAL INC., et al., Defendants. ORDER AND NOW, THISĀ°?{)'/z,DAY OF AUGUST 2017, upon consideration of Dr. Alex Thomas' "renewed motion [ ] for judgment as a matter of law or, in the alternative, motion for a new trial or, in the alternative, motion to alter or amend the judgment (remittitur)" (Doc. 354), IT IS HEREBY ORDERED THAT Dr. Alex Thomas' motions are GRANTED IN PART AND DENIED IN PART as follows: 1. Dr. Alex Thomas' renewed motion for judgment as a matter of law on Plaintiffs' section 1983 claim is GRANTED. 2. Pursuant to Federal Rule of Civil Procedure SO(c), should the Court of Appeals reverse or vacate the Court's entry of judgment as a matter of law for Dr. Alex Thomas on Plaintiffs' section 1983 claim, the Court conditionally DENIES Dr. Thomas' motion for a new trial. 3. Dr. Thomas' motion for judgment as a matter of law on Plaintiffs' negligence claim is DENIED. 4. Dr. Thomas' motion for a new trial on Plaintiffs' negligence claim is DENIED. 5. Dr. Thomas' motion for a new trial on damages and/or remittitur is DENIED. I 2

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