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Moyer v. Berks Heim Nursing Home and County of Berks

United States District Court, E.D. Pennsylvania

March 20, 2014

ROGER LESLIE MOYER and GLEN ALLEN MOYER, as Co-Executors and Administrators of the ESTATE OF BETTY MOYER, deceased, Plaintiff,
v.
BERKS HEIM NURSING HOME and COUNTY OF BERKS, Defendants.

ORDER

LAWRENCE F. STENGEL, District Judge.

AND NOW, this 19th day of March 2014, upon consideration defendants' motion to dismiss (doc. no. 7), plaintiffs' response (doc. no. 10), and the parties replies thereto (docs. no. 16 and 18), IT IS HERBY ORDERED:

1. Counts III, IV and V are DISMISSED WITH PREJUDICE as to the municipal defendants.

2. Plaintiffs shall have leave to file an amended complaint in order to add counts sounding in negligence against parties not entitled to sovereign immunity.

3. Plaintiffs shall file an amended complaint within fourteen days of the entry of this order.

4. Defendants' motion is otherwise DENIED.


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