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Shamayra Madison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 23, 2012

SHAMAYRA MADISON, AS PARENT & NATURAL GUARDIAN OF Z.M., A MINOR, & IN HER OWN RIGHT, & MARTIN & TRACEY STEWART, PLAINTIFFS,
v.
: : BETHANNA, INC. D/B/A BETHANNA & CITY OF PHILADELPHIA, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 23rdday of May, 2012, upon consideration of Defendant's Motion to Dismiss Plaintiffs' Complaint (Docket No. 3), and Plaintiffs' Response in Opposition (Docket No. 13), it is hereby ORDERED that Defendant's Motion is GRANTED IN PART and DENIED IN PART as follows:

1. Defendant's Motion to Dismiss the Complaint based on a lack of standing is DENIED;

2. Defendant's Motion to Dismiss the Complaint in its entirety based on a lack of foundation is DENIED;

3. Defendant's Motion to Dismiss all allegations of negligence from the Complaint is DENIED;

4. Defendant's Motion to Dismiss all allegations of negligence per se from the Complaint is GRANTED to the extent such allegations are brought by Plaintiffs Madison and Z.M., but is DENIED to the extent such allegations are brought by Plaintiffs the Stewarts;

5. Defendant's Motion to Dismiss all allegations of fraud/intentional misrepresentation from the Complaint is DENIED;

6. Defendant's Motion to Dismiss all allegations of negligent misrepresentation and negligent failure to disclose from the Complaint is DENIED;

7. Defendant's Motion to Dismiss all allegations of intentional infliction of emotional distress from the Complaint is GRANTED to the extent such allegations are brought by Plaintiffs Madison and Z.M., but is DENIED to the extent such allegations are brought by Plaintiffs the Stewarts;

8. Defendant's Motion to Dismiss all allegations of negligent infliction of emotional distress from the Complaint is GRANTED to the extent such allegations are brought by Plaintiff Madison, but is DENIED to the extent such allegations are brought by Plaintiffs Z.M. and the Stewarts;

9. Defendant's Motion to Dismiss all allegations of recklessness from the Complaint is DENIED;

10. Defendant's Motion to Dismiss all allegations sounding in professional liability for failure to file a certificate of merit is DENIED AS MOOT;

11. In all future filings, both Plaintiffs and Defendant are instructed to utilize page numbers in their briefing submitted to the Court.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

20120523

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