IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 6, 2009
THE CHILDREN'S HOSPITAL OF PHILADELPHIA, ET AL.
The opinion of the court was delivered by: Bruce W. Kauffman, J.
AND NOW, this 6th day of May, 2009, upon consideration of Defendants' Motion to Dismiss Plaintiff's Fourth Amended Complaint (docket no. 35) and Plaintiff's Response thererto (docket no. 36), and for the reasons stated in the accompanying Memorandum, it is ORDERED that the Motion is GRANTED in part and DENIED in part. Accordingly, the following claims are DISMISSED from the Fourth Amended Complaint:
1. Counts I, II, IV, V, VI, XIII, XVII, and XVIII are DISMISSED with respect to Defendants Schwinghammer, Green, Dudley, and Outlaw.
2. Counts III, VII, XIV, XV, XVI, and XXI are DISMISSED with respect to Defendants Green, Dudley, and Outlaw.
3. Counts IX, X, XI, and XII are DISMISSED in their entirety.
It is FURTHER ORDERED that Paragraphs 222-235 and 249-250 are STRICKEN from Plaintiff's Fourth Amended Complaint.
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