ARCURI et al v. COUNTY OF MONTGOMERY et al, No. 2:2020cv05408 - Document 32 (E.D. Pa. 2021)

Court Description: OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 23 ) IS GRANTED AS OUTLINED HEREIN. PLAINITFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT BY 6/7/21. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/6/21. 5/6/21 ENTERED AND COPIES E-MAILED.(amas, )

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ARCURI et al v. COUNTY OF MONTGOMERY et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PHILIP J. ARCURI, et al., Plaintiffs, CIVIL ACTION NO. 20-5408 v. COUNTY OF MONTGOMERY, et al., Defendants. ORDER AND NOW, this 6th day of May 2021, upon consideration of Plaintiff’s Complaint (Doc. No. 1), Defendants’ Motion to Dismiss Plaintiff’s Complaint (Doc. No. 23), Plaintiff’s Response to the Motion (Doc. No. 26), Defendants’ Reply (Doc. No. 27), and in accordance with the Opinion of the Court issued this day, it is ORDERED that Defendants’ Motion to Dismiss (Doc. No. 23) is GRANTED as follows: 1. As to Count I, Defendants Montgomery County and Montgomery County Correctional Facility are dismissed as Defendants. Only the Individual Defendants and PrimeCare Medical, Inc. remain as Defendants in Count I. 2. As to Count II, Montgomery County and Montgomery County Correctional Facility are dismissed as Defendants. No other Defendants are named in this Count. 3. As to Count III, naming only PrimeCare Medical, Inc. as a Defendant, this Count remains in this case. 4. As to Count IV, Plaintiffs have agreed to dismissal of this Count and it is Ordered DISMISSED. 1 Dockets.Justia.com 5. As to Count V, Plaintiffs have agreed to dismissal of this Count against Defendants Montgomery County and Montgomery County Correctional Facility and it is Ordered DISMISSED. Further, as to Count V, the claim against Individual Defendants and PrimeCare Medical, Inc. is DISMISSED. 6. Plaintiff is granted leave to file a Second Amended Complaint by June 7, 2021. BY THE COURT: /s/ Joel H. Slomsky_____ JOEL H. SLOMSKY, J. 2

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