FARGIONE et al v. SWEENEY et al, No. 5:2016cv05878 - Document 26 (E.D. Pa. 2017)
Court Description: OPINION/ORDER THAT THE MOTION TO DISMISS PLAINTIFFS' COMPLAINT AND/OR MOTION TO STRIKE IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 10/18/17. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/27/17. 9/27/17 ENTERED AND COPIES E-MAILED.(ky, )
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FARGIONE et al v. SWEENEY et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : JENNIFER L. FARGIONE and : JUDY L. PAVELKO, In their own right and : as Co-Administrators for the Estate of : CAROL L. WILLIAMS, Deceased, : Plaintiffs, : : v. : : EDWARD SWEENEY, et al., : Defendants. : ____________________________________: CIVIL ACTION NO. 16-5878 ORDER AND NOW, this 27th day of September, 2017, upon consideration of Motion to Dismiss Plaintiffs’ Complaint and/or Motion to Strike by Defendant, PrimeCare Medical, Inc. (Dkt. No. 18), the Plaintiffs’ Memorandum of Law in Opposition (Dkt. No. 19) and consistent with the accompanying Memorandum, IT IS ORDERED that the Motion is DENIED as to Plaintiffs’ Section 1983 claims in Counts I and II, claims for negligent infliction of emotional distress in Count X, wrongful death in Count XII and survival in Count XIII; IT IS ORDERED that Plaintiffs’ Fourteenth Amendment claims against PrimeCare in Counts I and II are DISMISSED with prejudice; IT IS ORDERED that Plaintiffs’ conspiracy claims in Counts VI and XI are DISMISSED with leave to amend to the extent that Plaintiffs can set forth factual averments to plausibly allege the requisite agreement or concerted action between PrimeCare and any of the Defendants; Dockets.Justia.com IT IS ORDERED that Plaintiffs’ corporate negligence claim in Count VIII is DISMISSED with leave to amend to the extent that Plaintiffs are able to allege sufficient facts to plead PrimeCare’s direct liability for negligence; IT IS ORDERED that Plaintiffs’ intentional infliction of emotional distress claim in Count IX is DISMISSED with leave to amend; IT IS ORDERED that the Motion to Strike Paragraphs 50 and 51 of the Complaint is DENIED. IT IS FINALLY ORDERED that Plaintiffs may file an Amended Complaint on or before Wednesday, October 18, 2017. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN UNITED STATES MAGISTRATE JUDGE 2
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