STEWART v. COMMONWEALTH OF PENNSYLVANIA-DEPARTMENT OF HUMAN SERVICES et al

Filing 28

ORDER granting in part and denying in part re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MHM SOLUTIONS, INC., MHM SERVICES, INC., 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: 15 Amended Complaint filed by TED DALLAS, ROBERT SNYDER. 1. The Motion to Dismiss filed by Defendants Ted Dallas, in his official capacity, and Robert Snyder, in his individual capacity, (ECF No. 21) is granted in part and denied in part as follows. A. The motion is GRANTED to the extent that the Amended Complaint is asserted against TED DALLAS, in his official capacity. TED DALLAS, in his official capacity, is hereby DISMISSED from this action. The Clerk of Court is hereby ordered to amend the caption to include as a Defendant: TED SNYDER, in his individual capacity. B. The motion is DENIED in all other respects. 2. The Motion to Dismiss filed by MHM Solutions, Inc. and MHM Services, Inc. (ECF No. 19) is DENIED. Pursuant to Federal Rule of Civil Procedure 12(4)(A), Defendants Ted Dallas, Robert Snyder, MHM Solutions, Inc., and MHM Services, Inc. shall file a responsive pleading on or before December 13, 2017. Signed by Magistrate Judge Cynthia Reed Eddy on 11/22/2017. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOSHUA STEWART,
Plaintiff,
v.

TED DALLAS, in his official capacity;
ROBERT SNYDER, in his individual
Capacity; JOHN DOE #1, in his or her
individual capacity; JOHN DOE #2, in
his or her individual capacity;
JOHN DOE #3, in his or her individual
Capacity; MHM SOLUTIONS, INC.; and
MHM SERVICES, INC.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 2:17-cv-770
United States Magistrate Judge
Cynthia Reed Eddy

ORDER
AND NOW, this 22nd day of November, 2017, upon consideration of the Motions to
Dismiss filed by Ted Dallas and Robert Snyder (ECF No. 21) and MHM Solutions, Inc. and MHM
Services, Inc. (ECF No. 19), and for the reasons set forth in the accompanying opinion, IT IS
HEREBY ORDERED as follows:
1. The Motion to Dismiss filed by Defendants Ted Dallas, in his official capacity, and
Robert Snyder, in his individual capacity, (ECF No. 21) is granted in part and denied in
part as follows.
A.
The motion is GRANTED to the extent that the Amended Complaint is
asserted against “TED DALLAS, in his official capacity.” “TED DALLAS, in his
official capacity,” is hereby DISMISSED from this action. The Clerk of Court is
hereby ordered to amend the caption to include as a Defendant: “TED SNYDER,
in his individual capacity.”
B.

The motion is DENIED in all other respects.

1

2. The Motion to Dismiss filed by MHM Solutions, Inc. and MHM Services, Inc. (ECF
No. 19) is DENIED.
Pursuant to Federal Rule of Civil Procedure 12(4)(A), Defendants Ted Dallas, Robert
Snyder, MHM Solutions, Inc., and MHM Services, Inc. shall file a responsive pleading on or
before December 13, 2017.

BY THE COURT
s/Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge

2