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Kenney v. Montgomery County

United States District Court, Third Circuit

September 25, 2013

DOROTHY L. KENNEY, as Administratrix of the Estate of Patricia Ann Pollock, Plaintiff,
v.
MONTGOMERY COUNTY; CORRECTIONAL MEDICAL CARE, INC.; MARGARET CARRILLO, M.D.; CHRISTINE IRVINE, R.N; MARY RHINEHART, R.N.; NURSE JOHN/JANE DOE 1; NURSE JOHN/JANE DOE 2;. NURSE JOHN/JANE DOE 3; and NURSE JOHN/JANE DOE 4, Defendants.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 24th day of September, 2013, upon consideration of Motion to Dismiss Plaintiff's Complaint by Defendants Montgomery County, Correctional Medical Care, Inc., Rhinehart and Irvine (Document No. 12, filed June 11, 2013), 12(b)(6) Motion to Dismiss of Defendant, Margaret Carrillo, M.D. (Document No. 13, filed June 17, 2013), Plaintiff's Consolidated Memorandum of Law in Opposition to Defendants' Motion to Dismiss (Document No. 17, filed July 1, 2013), for the reasons set forth in the attached Memorandum dated September 24, 2013, IT IS ORDERED as follows:

1. The part of the Motion to Dismiss Plaintiff's Complaint by Defendants Montgomery County, Correctional Medical Care, Inc., Rhinehart and Irvine that seeks dismissal of plaintiff's ยง 1983 claim against Christine Irvine, R.N. is GRANTED WITHOUT PREJUDICE to plaintiff's right to file an amended complaint with respect to that claim within twenty (20) days of the entry of this Order if warranted by the facts. The Motion is DENIED in all other respects;[1]

2. The 12(b)(6) Motion to Dismiss of Defendant, Margaret Carrillo, M.D. is DENIED.


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