Martin et al v. Morey et al

Filing 56

ORDER (memorandum filed previously as separate docket entry),the unopposed report and recommendation of Judge Schwab, (Doc. 54), is ADOPTED IN ITS ENTIRETY; ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab; (See order for details).Signed by Honorable Malachy E Mannion on 7/9/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SHEILA M. MARTIN, et al.,

:

Plaintiffs

:

v.

CIVIL ACTION NO. 3:17-1792

:

TOWNSEND R. MOREY, III, et al.,

:

Defendants

(MANNION, D.J.)
(SCHWAB, M.J.)

:
ORDER

In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

the unopposed report and recommendation of Judge
Schwab, (Doc. 54), is ADOPTED IN ITS ENTIRETY;

(2)

the plaintiff’s motion to substitute, (Doc. 36), is DENIED;

(3)

all of the claims brought by plaintiff on behalf of
Townsend R. Morey, Jr. and Peter A. Rodenrys
in her amended complaint, (Doc. 38), are DISMISSED,
and Townsend R. Morey, Jr. and Peter A. Rodenrys are
DISMISSED from this case as plaintiffs;

(4)

defendant Bon Secours Hospital’s motion to dismiss the
plaintiff’s amended complaint, (Doc. 41), for insufficient
service of process is GRANTED, and the plaintiff’s

amended complaint, (Doc. 38), is DISMISSED WITHOUT
PREJUDICE against the defendant hospital;
(5)

defendant Townsend R. Morey, III’s motion to dismiss
the plaintiff’s amended complaint, (Doc. 46), for failure
to stated a claim is GRANTED, and the plaintiff’s
amended complaint, (Doc. 38), is DISMISSED WITH
PREJUDICE against this defendant as to all claims;

(6)

the claims in the plaintiff’s amended complaint, (Doc. 38),
against defendants David Morey and Martin Morey
are DISMISSED WITHOUT PREJUDICE, pursuant
to Fed.R.Civ.P. 4(m), for lack of service;

(7)

the claims in the plaintiff’s amended complaint,
(Doc. 38), against defendants Tracey Simon and
Pike County Agency on Aging are DISMISSED
WITHOUT PREJUDICE, and the plaintiff is GRANTED
leave to file a second amended complaint against these
two County defendants limited to the claims she brings
on her own behalf;

(8)

the plaintiff is directed to filed her second amended

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complaint, as specified in this Order, by July 24, 2019,
and the plaintiff is directed to raise only claims she brings
on her own behalf against the above stated defendants
who have been DISMISSED WITHOUT PREJUDICE; and
(9)

this case is RECOMMITTED to Judge Schwab for further
proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 9, 2019
17-1792-01-ORDER.wpd

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