Liberto et al v. Geisinger Hospital et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation (Doc. No. 35), of Magistrate Judge Carlson; 2. Defendants Motion to Dismiss (Doc. No. 32), is GRANTED in part as follows: A. The individ ual Defendants previously named in this action (excluding Geisinger Hospital) are DISMISSED. The Clerk of Court is directed toTERMINATE them as Defendants in this action; B. Plaintiff Jeffrey Libertos Title VII and ADA claims are DISMISSED; C. Plaint iffs amended complaint is DISMISSED without prejudice to the Plaintiffs ability to file a second amended complaint in an effort to correct the deficiencies in the amended complaint identified in Magistrate Judge Carlsons Report and Recommendation, within twenty (20) days of the date of this Order; and 3. This matter is recommitted to Magistrate Judge Carlson for further pretrial proceedings. Signed by Honorable Yvette Kane on 8/17/2018. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LUISA LIBERTO, et al.,
Plaintiffs
v.
GEISINGER HOSPITAL, et al.,
Defendants

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No. 4:17-cv-2320
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
Before the Court in the above-captioned action is the July 30, 2018 Report and
Recommendation of Magistrate Judge Carlson. (Doc. No. 35.) No timely objections have been
filed. ACCORDINGLY, on this 17th day of August 2018, upon independent review of the
record and the applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS the Report and Recommendation (Doc. No. 35), of
Magistrate Judge Carlson;

2.

Defendants’ Motion to Dismiss (Doc. No. 32), is GRANTED in part as follows:
A.

The individual Defendants previously named in this action (excluding
Geisinger Hospital) are DISMISSED. The Clerk of Court is directed to
TERMINATE them as Defendants in this action;

B.

Plaintiff Jeffrey Liberto’s Title VII and ADA claims are DISMISSED;

C.

Plaintiffs’ amended complaint is DISMISSED without prejudice to the
Plaintiffs’ ability to file a second amended complaint in an effort to
correct the deficiencies in the amended complaint identified in Magistrate
Judge Carlson’s Report and Recommendation, within twenty (20) days of
the date of this Order; and

3.

This matter is recommitted to Magistrate Judge Carlson for further pretrial
proceedings.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania