UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA
August 12, 2008
GEISINGER SOUTH WILKES-BARRE MEDICAL CENTER AND GEISINGER CLINIC, PLAINTIFFS,
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.
Edwin M. Kosik United States District Judge
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