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Geisinger South Wilkes-Barre Medical Center v. Duda

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA


August 12, 2008

GEISINGER SOUTH WILKES-BARRE MEDICAL CENTER AND GEISINGER CLINIC, PLAINTIFFS,
v.
STEPHEN DUDA AND BARBARA DUDA, HIS WIFE, DEFENDANTS/CROSS-CLAIM PLAINTIFFS AND AETNA LIFE INSURANCE COMPANY, DEFENDANTS/CROSS-CLAIM DEFENDANTS

The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

We have before us a motion to dismiss an amended complaint which appears to state a meritorious claim, but is deficient in some appropriate pleading requirements, including the naming of a necessary party.

Because we write for the parties, we find it unnecessary to repeat a complete history as well as authorities which have been extensively stated and briefed by both parties. It is our belief that a more extensive consideration of the issues would only lead to what follows here.

Accordingly, plaintiff will have twenty (20) days in which to file a second amended complaint which addresses all of the deficiencies noted in the defense motion, some of which have been acknowledged by plaintiff. A totally new pleading will permit any continuing issues to be sorted out with discovery and followed by dispositive motions, if deemed necessary.

SO ORDERED.

Edwin M. Kosik United States District Judge

20080812

© 1992-2008 VersusLaw Inc.



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