MANORCARE OF EASTON PA LLC v. NAGY, No. 5:2013cv05957 - Document 127 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT COUNTER-DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED, AND CONTER-PLAINTIFFS' MOTION TO STRIKE NO. 96 IS DENIED. COUNTER-PLAINTIFFS' AMENDED COUNTERCLAIM IS DISMISSED WITH PREJUDICE. THE ONLY REMAINING PARTIES IN THIS MATTER ARE PLAINTIFF MANORCARE AND THE NAGY DEFENDANTS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/29/17. 9/29/17 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED.(ky, )

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MANORCARE OF EASTON PA LLC v. NAGY Doc. 127 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MANORCARE OF EASTON PA LLC, Plaintiff, v. THE ESTATE OF JOSEPH A. NAGY, Defendant CIVIL ACTION NO. 13-5957 __________________________ THE ESTATE OF JOSEPH A. NAGY and JOSEPH EUGENE NAGY, Counter-Plaintiffs, v. MANORCARE OF EASTON PA LLC; KENNEDY, PC; NORTHAMPTON COUNTY; AETNA, INC.; DR. EDWARD CUMBO; DR. DILIP BERA; BRAKELEY PARK CENTER; NEW EASTWOOD CARE AND REHAB; COMMONWEALTH OF PENNSYLVANIA; DR. STEPHEN KSIAZEK; and ST. LUKE’S WARREN HOSPITAL, Counter-Defendants ORDER AND NOW, this 29th day of September, 2017, upon review of CounterDefendants’ Motions to Dismiss, and all supporting and opposing papers, it is hereby ORDERED as follows: 1. Counter-Defendant ManorCare’s Motion to Dismiss (Docket No. 36) is GRANTED. 2. Counter-Defendant St. Luke’s Warren Hospital’s Motion to Dismiss (Docket No. 51) is GRANTED. 3. Counter-Defendant Commonwealth of Pennsylvania’s Motion to Dismiss (Docket No. 52) is GRANTED. Dockets.Justia.com 4. Counter-Defendant Northampton County’s Motion to Dismiss (Docket No. 53) is GRANTED. 5. Counter-Defendant Kennedy, PC’s Motion to Dismiss (Docket No. 59) is GRANTED. 6. Counter-Defendant Dr. Dilip Bera’s Motion to Dismiss (Docket No. 60) is GRANTED. 7. Counter-Defendant Aetna, Inc.’s Motion to Dismiss (Docket No. 62) is GRANTED. 8. Counter-Defendant Brakeley Park Center’s Motion to Dismiss (Docket No. 77) is GRANTED. 9. Counter-Defendant Dr. Edward Cumbo’s Motion to Dismiss (Docket No. 88) is GRANTED. 10. Counter-Defendant Dr. Stephen Ksiazek’s Motion to Dismiss (Docket No. 91) is GRANTED. 11. Counter-Defendant New Eastwood Care and Rehab’s Motion to Dismiss (Docket No. 95) is GRANTED. 12. Counter-Plaintiff Joseph Eugene Nagy’s Motion to Strike (Docket No. 96) is DENIED. 13. Counter-Plaintiffs’ Amended Counterclaim is DISMISSED with prejudice. 14. The following Counter-Defendants are DISMISSED with prejudice: Kennedy, PC; Northampton County; Aetna, Inc.; Dr. Edward Cumbo; Dr. Dilip Bera; Brakeley Park Center; New Eastwood Care and Rehab; 2 Commonwealth of Pennsylvania; Dr. Stephen Ksiazek; and St. Luke’s Warren Hospital. 15. The only remaining parties in this matter are Plaintiff ManorCare and the Nagy Defendants. BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 3

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