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Estate of Goldberg v. Nimoityn

United States District Court, E.D. Pennsylvania

December 9, 2014

ESTATE OF BERNICE GOLDBERG, by the EXECUTOR GARY GOLDBERG, Plaintiff,
v.
PHILIP NIMOITYN, M.D., KENNETH ROSENBERG, M.D., JAY SELLERS, M.D., CARDIOVASCULAR ASSOCIATES, THOMAS JEFFERSON UNIVERSITY HOSPITAL, (John, Jane, Corporate, LLC, Associations, P.C., Does, Defendants.

ORDER

RONALD L. BUCKWALTER, District Judge.

AND NOW, this 8th day of December, 2014, upon consideration of the Motion to Dismiss and Motion to Strike by Defendants Philip Nimoityn, M.D., Kenneth Rosenberg, M.D., Jay Sellers, M.D., Mitul Kanzaria, M.D., Michael Baram, M.D., Cardiovascular Medical Associates, and Thomas Jefferson University (collectively "Defendants") (Docket No. 20), the Letter Brief in Response by Plaintiff Gary Goldberg (Docket No. 23), and Defendants' Reply Brief (Docket No. 24), it is hereby ORDERED as follows:

1. Defendants' Motion to Dismiss all claims against Defendants Rosenberg, Kanzaria, Baram, and Cardiovascular Medical Associates is GRANTED;
2. Defendants' Motion to Dismiss any new claims against Defendant Thomas Jefferson University Hospital is DENIED;
3. Defendants' Motion to Dismiss Plaintiff's claims for punitive damages is DENIED;
4. Defendants' Motion to Strike is GRANTED IN PART and DENIED IN PART, and paragraphs 54, 55, 57, 58, and 59 shall be STRICKEN from the Second Amended Complaint.

It is so ORDERED.


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