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John Milliner v. David Diguglielmo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 8, 2011

JOHN MILLINER, PLAINTIFF,
v.
DAVID DIGUGLIELMO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Pollak, J.

ORDER

AND NOW, this 7 day of June, 2011, for the reasons discussed in the accompanying memorandum, it is hereby ORDERED as follows:

(1) The Motion of David DiGuglielmo, Julie Knauer, and Myron Stanishefski to Dismiss the Third Amended Complaint of John Milliner, dkt. 64., is hereby GRANTED and the complaint against those defendants is DISMISSED without prejudice as to all counts.*fn1

(2) The Motion of Raymond Machak, P.A., John Zaro, M.D., Richard Stefanic, M.D., Caleb Nwosu, D.O. and Prison Health Services, Inc. to Dismiss the Third Amended Complaint of John Milliner, dkt. 66, is hereby GRANTED in part. Count II (as to Machak, Stefanic, and Nwosu), and Count X (as to PHS) are DISMISSED without prejudice. The motion to dismiss is DENIED as to all other counts, such that Counts II (as to Zaro), III, IV, V, VI and X (as to Machak, Zaro, Stefanic, Nwosu) will remain.

(3) The Motion of Carroll P. Osgood, M.D. and Altoona Hospital to Dismiss the Third Amended Complaint of John Milliner, dkt. 76, is hereby GRANTED in part. Count X (as to Dr. Osgood and Altoona Hospital) and Count VIII are DISMISSED without prejudice. The motion to dismiss is DENIED as to all other counts such that Count VII and Count IX will remain.

(4) Milliner may amend his complaint no later than 30 days from the date of this order, after which time the dismissals ordered herein will, absent a responsive amendment, be with prejudice.

(5) Plaintiff's Motion to Strike Reply Brief of Defendants Machak, Zaro, Stefanic, Nwosu and Prison Health Services, dkt. 80, is DENIED. See Local R. Civ. P. 7.1(c) ("[C]court may require or permit further briefs or submissions if the Court deems it appropriate.").

BY THE COURT:

Louis H. Pollak


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