Stanley v. Our Lady of Bellefonte Hospital, Inc., et al, No. 0:2011cv00110 - Document 52 (E.D. Ky. 2012)
Court Description: MEMORANDUM OPINION & ORDER: IT IS ORDERED (1) The DE# 9 MOTION to Dismiss Complaint In Part and the DE# 26 MOTION to Dismiss Amended Complaint In Part are hereby GRANTED IN PART and DENIED IN PART as follows: (a) The Motions to Dism iss DE#9, 26 are GRANTED as to Counts I, II, III, VII, X, and XII of the First Amended Complaint DE# 17 as follows: (1) Count I is dismissed sa to dfts. Thomas, Damron and Menshouse; (2) Count II is dismissed as to Dfts. Thomas, Damron and Me nshouse; (3) Count III is dismissed; (4) Count VII's negligent hiring and retention claims are dismissed; (5) Count X is dismissed as to Dfts. Damron, Menshouse, Daniels and Moore; (6) Count XII is dismissed as to Defendants Moore and Daniels; ( b) The Motions to Dismiss DE#9, 26 are DENIED as to Count VI, Count VII's negligent supervision claims, Count VIII (intentional interference with a business relationship), Count IX (defamation), Count X (intentional infliction of emotiona l distress) as to Corporate Defendants, Defendant Thomas, and Defendant Bellew, Count XI (negligence), and Count XII (false light) as to the Corporate Defendants, Defendant Thomas, Defendant Menshouse, Defendant Damron, and Defendant Bellew; (2) Plai ntiff's Motion for Leave to File a Second Amended compalint DE# 45 is hereby DENIED; and (3) Within twenty-one (21) days from the date of service of this Order, parties to meet; (4) Within ten (10) days after the meeting, the parties sha ll file a joint status report. Should the parties find that a joint report is not possible, the parties shall each file individual reports which the Court will entertain for purposes of a Scheduling Order. (Rule 26 Meeting Report due by 10/22/2012). Signed by Judge David L. Bunning on 9/20/2012. (Attachments: # 1 Magistrate Consent Form)(KSS)cc: COR
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