MILTER et al v. UNITED STATES OF AMERICA FEDERAL BUREAU OF PRISONS et al

Filing 29

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 18 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. (SEE ORDER FOR FURTHER/COMPLETE DETAILS.) Signed by Honorable Matthew W. Brann on 6/12/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:17-CV-00251

S. GEORGE MILTER and
LISA MARIE LOGUIDICE,

(Judge Brann)
Plaintiffs,
v.
THE UNITED STATES OF
AMERICA, et al.,
Defendants.
ORDER
JUNE 12, 2018
1.

The Motion to Dismiss filed by the United States of America and Noel
Trusal, ECF No. 18, is GRANTED IN PART and DENIED IN PART
as follows:
a.

Count I of Plaintiffs’ Complaint, ECF No. 1, is DISMISSED
WITH PREJUDICE;

b.

Count II of Plaintiffs’ Complaint is DISMISSED WITHOUT
PREJUDICE;

c.

Count III of Plaintiffs’ Complaint against Noel Trusal is
DISMISSED WITH PREJUDICE;

d.

Count IV of Plaintiffs’ Complaint is DISMISSED WITH
PREJUDICE; and

e.

Count VIII of Plaintiffs’ Complaint against the United States is
DISMISSED WITHOUT PREJUDICE;

f.

Count VIII of Plaintiffs’ Complaint against Noel Trusal and the
Unknown Medical Providers of the Federal Bureau of Prisons is
DISMISSED WITH PREJUDICE.

2.

Plaintiffs may amend Counts II and VIII of their complaint to allege
administrative exhaustion within 30 days of the date of this Order.

3.

Whether or not Plaintiffs amend their complaint, Plaintiffs have 60 days
from the date of this order to conduct discovery on the issue of
administrative exhaustion ONLY. Within 30 days of the conclusion of
that period of LIMITED discovery, Defendants may renew their motion
for summary judgment regarding Count III of Plaintiffs’ Complaint.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge