BRADLEY v. ARIA HEALTH, No. 2:2010cv05633 - Document 14 (E.D. Pa. 2011)

Court Description: MEMORANDUM AND OPINION ORDER THAT DEFT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT IS GRANTED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE A SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS; AND DEFT'S MOTION FOR A MORE DEFFINITE STATEMENT IS DENIED AS MOOT.. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/14/2011. 6/15/2011 ENTERED AND COPIES E-MAILED.(tomg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ KEVIN BRADLEY, Plaintiff, v. ARIA HEALTH (formerly The Frankford Hospital of The City of Philadelphia), Defendant. _____________________________________ : : : : : : : : : : : : CIVIL ACTION NO. 10 - 5633 ORDER AND NOW, this 14th day of June, 2011, upon consideration of Defendant s Motion to Dismiss the First Amended Complaint (Document No. 6, filed December 29, 2010), Plaintiff s Response to Defendant s Motion to Dismiss (Document No. 8, filed January 24, 2011), Defendant s Reply in Support of its Motion to Dismiss (Document No. 9, filed February 9, 2011), and Plaintiff s Surreply to Defendant s Motion to Dismiss (Document No. 12, filed March 1, 2011), for the reasons set forth in the Memorandum dated June 14, 2011, IT IS ORDERED as follows: 1. Defendant s Motion to Dismiss the First Amended Complaint is GRANTED WITHOUT PREJUDICE to plaintiff s right to file a second amended complaint within twenty days of the entry of this Order if warranted by the facts; and -1- 2. Defendant s Motion for a More Definite Statement is DENIED AS MOOT. BY THE COURT: /s/ Hon. Jan E. DuBois JAN E. DUBOIS, J. -2-

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