United States District Court, E.D. Pennsylvania
June 26, 2015
MANORCARE OF EASTON PA LLC, Plaintiff,
JOSEPH A. NAGY, Defendant JOSEPH A. NAGY and JOSEPH EUGENE NAGY, Counter-Plaintiffs,
MANORCARE OF EASTON PA LLC; KENNEDY, PC; NORTHAMPTON COUNTY; AETNA, INC.; HEARTLAND HOSPICE; DR. EDWARD CUMBO; DR. DILIP BERA; BRAKELEY PARK CENTER; NEW EASTWOOD CARE AND REHAB; COMMONWEALTH OF PENNSYLVANIA; DR. KEYURKUMAR DALSANIYA; DR. STEPHEN KSIAZEK; and ST. LUKE'S WARREN HOSPITAL, Counter-Defendants
Jeffrey L. Schmehl, J.
AND NOW, this 25th day of June, 2015, upon consideration of several outstanding motions identified below, and as set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows:
1. Counter-Defendants' Motion to Dismiss Any and All Claims Against Them and Any Other Entity, if Any, or, in the Alternative, for a More Definite Statement (Doc. #17) is GRANTED IN PART AND DENIED IN PART as follows:
a. Count Nine of the Amended Counterclaim for legal malpractice (along with any other potential claim for professional liability) is DISMISSED WITHOUT PREJUDICE based on Counter-Plaintiffs’ failure to file a certificate of merit.
b. Insofar as the Motion to Dismiss all other counts of the Amended Counterclaim is based on lack of service and improper joinder, it is DENIED.
c. The alternative request for a more definite statement is DENIED.
2. ManorCare (and any other Counter-Defendant who has already joined in the existing Motion to Dismiss the Amended Counterclaim (Doc. #17)) shall file a new motion with supplemental briefing setting forth any additional grounds for dismissal within 30 days.
3. The Motion to Dismiss contained within Defendant’s Answer, Amended Counterclaim, and Motion to Dismiss (Doc. #14) is DENIED.
4. Defendant’s/Counter-Plaintiffs’ Motion to Strike (Doc. #18) is DENIED.
5. Defendant’s/Counter-Plaintiffs’ Objection (Doc. #23), which appears to be a motion to strike Plaintiff’s/Counter-Defendants’ response to the above-referenced motion to strike, is DENIED.
6. Defendant’s/Counter-Plaintiffs’ Discovery Plan Objection and Motion for Protective Order (Doc. #25) is DENIED.
7. Defendant’s/Counter-Plaintiffs’ Motion to Deny ManorCare’s Request for Admission, etc. (Doc. #29) is DENIED.
8. The Third Party Complaint (Doc. #30) is DISMISSED AND STRICKEN.
9. Defendant’s/Counter-Plaintiffs’ Motion for Leave to Serve Third Party Defendants (Doc. #31) is DENIED AS MOOT given the striking of the third-party complaint.
10. Defendant’s/Counter-Plaintiffs’ Motion for Judicial Relief Regarding Compulsory Counterclaim (Doc. #32) is also DENIED AS MOOT given the striking of the third-party complaint.
11. The Clerk’s office shall issue summonses relating to the Amended Counterclaim (Doc. #14) for the following Counter-Defendants: Kennedy, PC; Northampton County; Aetna, Inc.; Heartland Hospice; Dr. Edward Cumbo; Dr. Dilip Bera; Brakeley Park Center; New Eastwood Care And Rehab; Commonwealth of Pennsylvania; Dr. Keyurkumar Dalsaniya; Dr. Stephen Ksiazek; and St. Luke’s Warren Hospital.
12. Counter-Plaintiffs shall properly serve a copy of the Amended Counterclaim and summons, along with a copy of this order, on each of the above Counter-Defendants within 30 days.