KUZMINSKI v. WARREN COUNTY et al

Filing 74

MEMORANDUM OPINION & ORDER: IT IS ORDERED that the Motion to Dismiss filed by Defendants Ernesto Roederer, MD, and John P. John, MD 59 shall be, and hereby is, GRANTED insofar as it relates to Plaintiff's claim against Dr. Roederer in Count VI I of the Second Amended Complaint and the Plaintiff's request for punitive damages against Dr. Roederer. In all other aspects, the motion shall be, and hereby is, DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendant Norman K. Beals III, MD 57 shall be, and hereby is, DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendant Seneca Medical Center, LLC, 55 shall be, and hereby is, DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Ch ildren's Center for Treatment and Education, d/b/a Beacon Light Behavioral Health Systems, an affiliate of Journey Health System, 61 , shall be, and hereby is DENIED. AND IT IS FURTHER ORDERED that Plaintiff's Motion to Amend Second Amende d Complaint, 68 , shall be, and hereby is, DENIED only insofar as it relates to the proposed claim to be asserted against Sergeant Ryan Tipton under 42 U.S.C. §1983 in his official capacity. In all other respects, the Plaintiff's Motion t o Amend shall be, and hereby is, GRANTED. Plaintiff is hereby directed to file her amended pleading, in conforming with this Memorandum Opinion and Order, on or before October 18, 2019. IT IS SO ORDERED. Signed by Judge Susan Paradise Baxter on 09/30/19. (esa)