YOCUM v. HERMICK et al

Filing 54

Consistent with the Order of Court dated September 30, 2013 53 , Premier Healthcare Resources' Answer, New Matter and Cross-Claim is due on or before October 21, 2013. ORDER denying as moot 51 Motion to Dismiss Premier's Cross-Claim without prejudice. Signed by Magistrate Judge Cynthia Reed Eddy on 10/01/2013. (MJL)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SEAN YOCUM,
surviving brother of LANCE A. YOCUM
as Trustee Ad Litem and as
Administrator of the Estate
of LANCE A. YOCUM, Deceased,
Plaintiff,
v.
RHONDA HERMICK, R.N.,
STEPHANIE SOMOGIE, L.P.N.,
CASEY JENNINGS, SEAN SHIRLEY,
JOAN BELL, ALBERT FAY,
GERVAIS HANNON; TRINA HALL;
COUNTY OF BEAVER d/b/a FRIENDSHIP
RIDGE and PREMIERE HEALTHCARE
RESOURCES,
Defendants.

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Civil Action No. 12-1530
United States Magistrate Judge
Cynthia Reed Eddy

ORDER OF COURT
On September 30, 2013, United States District Judge Terrence F. McVerry issued a
Memorandum and Order (ECF No. 53) which, for the most part, overruled the Objections to this
Court’s Report and Recommendation (ECF No. 41), and adopted it as the Opinion of the Court.
As recommended, the Court granted in part and denied in part the three pending motions to
dismiss (ECF Nos. 21, 23 and 39).
Consistent with its ruling, the District Court also found that the Stipulation between
Plaintiff and Premier Healthcare Resources at (ECF No. 48) (which attempted to revive
Premier’s Answer, New Matter and Cross-Claim Pursuant to Pa.R.C.P. 1031.1 that had been
filed in state court) was “of no consequence,” in light of Plaintiff’s Amended Complaint.
Memorandum and Order (ECF No. 53) at 11-12. In that regard, the Court’s Order directed, inter
alia, as follows:

Within 20 days of remand to the Magistrate Judge for further pretrial
proceedings, Premier may file an Answer, New Matter and Cross-Claim or
other responsive pleading (not a “repleading”) in compliance with the Federal
Rules of Civil Procedure, particularly Fed.R.Civ.P. 7 (delineating
“pleadings”), 12 (defenses, objections, motions and “responsive pleadings”),
and 13 (counter and cross claims).
...
. . . The case is remanded to United States Magistrate Judge Eddy for
further proceedings consistent with this Memorandum Opinion. Upon remand,
the Magistrate Judge may address in the first instance the County’s Motion to
Dismiss Cross-Claim By Premier Healthcare Resources, Inc. Pursuant to Rule
12(b)(6) (ECF No. 49, replaced by ECF No. 51 which appears to be the same
motion).
Memorandum and Order (ECF No. 53) at 12.
Accordingly, Premier’s Answer, New Matter and Cross-Claim is due on or before
October 21, 2013.
Additionally, consistent with the Court’s ruling, Plaintiff’s Rule 12(b)(6) Motion to
Dismiss Cross-Claim by Premier Healthcare Resources, Inc. (ECF No. 51) is DISMISSED as
moot, without prejudice to Plaintiff to file a motion to dismiss the cross-claim after the crossclaim has been filed.
An initial case management conference will be scheduled by separate Order of Court.

/s Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge
cc: all ECF registered counsel