ROSADO v. JANE DOE (LAW LIBRIAN) et al

Filing 134

ORDER granting 115 Motion to Dismiss for Failure to State a Claim; granting 125 Motion to Dismiss for Failure to State a Claim; granting 128 Motion to Strike ; striking 129 Motion to clear any misconception in support.Discovery on the sol e remaining claim, the Eighth Amendment medical care claim pending against Defts. Stanish and Deboer, shall commence and will close on 8/24/21. On or before 9/7/21, the parties shall NOTIFY the Court as to whether they are amenable to mediation. On or before 9/7/21, the parties shall NOTIFY the Court of their willingness to consent to the jurisdiction of a United States magistrate Judge. Dispositive motions shall be filed on or before 9/24/21. No extension of the pre-trial schedule shall be granted absent good cause. Signed by Honorable Robert D. Mariani on 5/28/21 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Civil No. 3: 18-cv-0601

GERONIMO FRATICELLI ROSADO,
Jr.,
Plaintiff

(Judge Mariani)

V.

RUSSELL JO. BELL, et al.,
Defendants

ORDER
AND NOW, THIS Wii'AY OF MAY 2021, upon consideration of the motions to
dismiss pursuant Rule 12(b)(6) of the Federal Rule of Civil Procedure filed by Defendants
Stanish and DeBoer (Doc. 115) and Defendant Havrilla (Doc. 125), Rosado's "motion to
clear any misconception in support files undisputed facts against Dr. Havrilla" (Doc. 129),
and Defendant Havrilla's motion to strike Rosado's "motion to clear any misconception in
support files undisputed facts against Dr. Havrilla" (Doc. 128), and for the reasons set forth
in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:
1.

Defendants Stanish and DeBoer's motion to dismiss (Doc. 115) Plaintiff's
negligence claim is GRANTED. The negligence claims against them are
DISMISSED with prejudice in their entirety.

2.

Defendant Havrilla's motion to dismiss (Doc. 125) is GRANTED. The complaint
against Defendant Havrilla is DISMISSED with prejudice in its entirety.

3.

Defendant Havrilla's motion to strike (Doc. 128) Rosado's "motion to clear any
misconception in support files undisputed facts against Dr. Havrilla" (Doc. 129)
is GRANTED. Rosado's motion (Doc. 129) is STRICKEN.

4.

Discovery on the sole remaining claim, the Eighth Amendment medical care
claim pending against Defendants Stanish and DeBoer, shall commence and
will close on August 24, 2021.

5.

On or before September 7, 2021 , the parties shall NOTIFY the Court as to
whether they are amenable to mediation.

6.

On or before September 7, 2021 , the parties shall NOTIFY the Court of their
willingness to consent to the jurisdiction of a United States Magistrate Judge.
See 28 U.S.C. § 636(c).

7.

Dispositive motions shall be filed on or before September 24, 2021.

8.

No extensions of the pre-trial schedule shall be granted absent good cause.
See FED. R. CIv. P. 16(b).

R bert D. Mariani
United States District Judge

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