Gilmore et al v. Holland et al

Filing 29

ORDER (memorandum filed previously as separate docket entry), IT IS ORDERED THAT: 1. Defendants motion 17 to dismiss is GRANTED; 2. Plaintiffs federal claim under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, et seq ., is DISMISSED with prejudice; 3. The remaining state law claims asserted in Plaintiffs complaint 1 , (Counts I VII, IX and XI), are DISMISSED without prejudice as to Plaintiffs right to file an action asserting these claims in state court; and 4. The Clerk is directed to CLOSE this case. Signed by Honorable Yvette Kane on 2/28/18. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEPHEN GILMORE, et al.,
Plaintiffs
v.
NEIL R. HOLLAND, M.D., et al.,
Defendants

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No. 4:17-cv-01781
(Judge Kane)

ORDER
AND NOW, on this 28th day of February 2018, IT IS ORDERED THAT:
1.

Defendants’ motion to dismiss (Doc. No. 17), is GRANTED;

2.

Plaintiffs’ federal claim under the Emergency Medical Treatment and
Active Labor Act, 42 U.S.C. § 1395dd, et seq., is DISMISSED with
prejudice;

3.

The remaining state law claims asserted in Plaintiffs’ complaint (Doc. No.
1, Counts I – VII, IX and XI), are DISMISSED without prejudice as to
Plaintiffs’ right to file an action asserting these claims in state court; and

4.

The Clerk is directed to CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania