RYLISKIS v. UNIONTOWN AREA HOSPITAL

Filing 18

ORDER ADOPTING 13 Report and Recommendation as the Opinion of this Court and GRANTING 3 Motion to Dismiss WITHOUT PREJUDICE as to Count II and WITH PREJUDICE as to Count III. Signed by Judge Arthur J. Schwab on 0917/12. (eca)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CHRISTINE RYLISKIS, Plaintiff, v. UNIONTOWN AREA HOSPITAL, Defendant. ) ) ) ) ) ) ) ) ) Civil Action No.2: l1-cv-O 1517 Judge Arthur J. Schwab/ Magistrate Judge Cynthia Reed Eddy [ECF Nos. 3, 13] ORDER AND NOW, this 17th day of September, 2012, a Complaint having been filed in this Court, [ECF No.1], and Defendants having filed a Motion to Dismiss II and III of the Complaint for Failure to State a Claim [ECF No.3], the Court, on August 30, 2012, filed a Report and <.,. Recommendation [ECF No. 13] recommending that the Motion be granted without prejudice as to Count II and with prejudice as to Count III. Objections were due September l3, 2012. Counsel for Plaintiff represented to the Court at a September 10, 2012 case management conference that he did not plan to file objections. No objections were filed. Upon independent review of the record, including the Magistrate Judge's Report and Recommendation [ECF No. 13], which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss [ECF No.3] be granted without prejudice as to Count II ofthe Complaint, and with prejudice as to Count III. cc: All attorneys of record via CM-ECF

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