BANEY et al v. FICK et al

Filing 84

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE. (1)The defendants motions to dismiss with prejudice plaintiffs federal claim under EMTALA, (Doc. 62) (Doc. 64) (Doc. 67) (Doc. 75), are GRANTED; (2)The court dec lines to exercise supplemental jurisdiction over plaintiffs remaining state law claims, therefore the plaintiffs may re-file these counts in the appropriate state court. (3) The plaintiffs motion to amend their complaint, (Doc. 74), is dismissed, as moot, without prejudice; and (4) The clerk of court is directed to close this case. Signed by Honorable Malachy E Mannion on 2/23/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN and VICKY BANEY, H/W,

:
:

Plaintiffs

CIVIL ACTION NO. 4:14-CV-2393
:

v.

(JUDGE MANNION)
:

JAMES R. FICK, M.D., et al.,
Defendants

:
:
ORDER

Based on the court’s memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

The defendants’ motions to dismiss with prejudice plaintiffs’
federal claim under EMTALA, (Doc. 62) (Doc. 64) (Doc. 67) (Doc.
75), are GRANTED;

(2)

The court declines to exercise supplemental jurisdiction over
plaintiffs’ remaining state law claims, therefore the plaintiffs may
re-file these counts in the appropriate state court.

(3)

The plaintiffs’ motion to amend their complaint, (Doc. 74), is
dismissed, as moot, without prejudice; and

(4)

The clerk of court is directed to close this case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: FEBRUARY 23, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-2393-01-ORDER.wpd