BELOFF et al v. SEASIDE PALM BEACH et al
| DIANE BELOFF and LELAND BELOFF |
| SEASIDE PALM BEACH, JODI E. STARR, MICHAEL WEINER, PhD. and BHAGWANDATT RAJCOOMAR, M.D. |
| 2:2013cv00100 |
| January 8, 2013 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| CYNTHIA M. RUFE |
| P.I.: Medical Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
80
MEMORANDUM AND ORDER THAT DEFENDANT'S SECOND MOTION FOR AMEND/CORRECT ANSWER TO FIRST AMENDED COMPLAINT [#74] IS GRANTED; THE AMENDED ANSWER ATTACHED AS EXHIBIT B TO THE MOTION [#74] IS DEEMED FILED. BY NOON ON FRIDAY, 10/3/14, THE PARTIES SHALL SEND A JOINT STATUS REPORT TO CHAMBERS WITH REGARD TO THE NEED FOR ANY ADDITIONAL DISCOVERY TO ADDRESS DEFENDANT'S AFFIRMATIVE DEFENSE. THIS REPORT MAY BE SENT BY FAX TO CHAMBERS AT 267-299-5077. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/29/14. 9/30/14 ENTERED & E-MAILED.(fdc)
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Filing
39
MEMORANDUM AND ORDER THAT DEFENDANT SEASIDE PALM BEACH, LLC'S MOTION TO DISMISS (21) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AS TO PLAINTIFFS' REQUESTS FOR PUNITIVE DAMAGES; THE REQUESTS FOR PUNITIVE DAMAGES (COUNTS III AND IV) ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITH FACTUAL ALLEGATIONS WHICH, IF PROVEN, COULD SUPPORT AN AWARD OF PUNITIVE DAMAGES, WITHIN 14 DAYS OF THE DATE OF THIS ORDER. IN THE ABSEN CE OF AN AMENDED COMPLAINT, DEFENDANT SHALL FILE ITS ANSWER WITHIN 21 DAYS OF THE DATE OF THIS ORDER. IF AN AMENDED COMPLAINT IS FILED, THE RESPONSE TO THE AMENDED COMPLAINT IS DUE WITHIN 21 DAYS OF THE FILING OF THE AMENDED COMPLAINT. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/11/13. 7/12/13 ENTERED & E-MAILED.(fdc)
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