DELIBERTIS et al v. POTTSTOWN MEMORIAL MEDICAL CENTER et al
| VALENTINE DELIBERTIS and KATHLEEN DELIBERTIS |
| POTTSTOWN MEMORIAL MEDICAL CENTER, JONATHAN BUCKLEY, MARTA JIMENEZ-DE LA CRUZ and TRI-COUNTY NEUROLOGY |
| POTTSTOWN MEMORIAL MEDICAL CENTER |
| VALENTINE DELIBERTIS and KATHLEEN DELIBERTIS |
| POTTSTOWN MEMORIAL MEDICAL CENTER |
| VALENTINE DELIBERTIS and KATHLEEN DELIBERTIS |
| 2:2014cv06971 |
| December 9, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Montgomery |
| STEWART DALZELL |
| P.I.: Medical Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
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Filing
80
MEMORANDUM AND ORDER THAT MOTIONS (DOC. 60 & 67). SIGNED BY MAGISTRATE JUDGE JACOB P. HART ON 9/6/16. 9/7/16 ENTERED AND COPIES EMAILED.(rf, )
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Filing
45
MEMORANDUM AND ORDER THAT DEFENDANTS POTTSTOWN HOSPITAL COMPANY, LLC AND POTTSTOWN CLINIC COMPANY, LLC'S MOTION IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION TO DISMISS IS GRANTED AS TO PLAINTIFFS "FAILURE TO STABILIZE" CLAI M UNDER EMTALA AS ALLEGED IN COUNT II OF THE COMPLAINT. PLAINTIFFS EMTALA CLAIM AGAINST DEFENDANTS FOR "FAILURE TO STABILIZE" AS DETAILED IN COUNT II OF THE COMPLAINT IS DISMISSED WITH PREJUDICE. DEFENDANTS MOTION TO DISMISS IS DENIED AS TO PLAINTIFFS "FAILURE TO SCREEN" CLAIM UNDER EMTALA AS ALLEGED IN COUNT I OF THE COMPLAINT. DEFENDANT JONATHAN BUCKLEY'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EMTALA CLAIM IS DENIED AS MOOT. DEFENDANT DR. MARTA JIMENEZ-DE LA CRUZ� 39;S MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFFS CLAIM AGAINST DR. JIMENEZ-DE LA CRUZ IS DISMISSED WITH PREJUDICE.. DEFENDANT DR. JIMENEZ-DE LA CRUZ IS DISMISSED FROM THIS CASE AND THE CLERK OF COURT SHALL MARK THIS DEFENDANT TERMINATED. CASE IS REFERRED TO THE HONORABLE JACOB P. HART TO ATTEMPT TO RESOLVE THE CLAIMS IN THIS MATTER. PARTIES SHALL COOPERATE IN ACCORDANCE WITH JUDGE HART'S INSTRUCTIONS. FURTHER PROCEEDINGS BEFORE THIS COURT ARE STAYED PENDING THE OUTCOME OF MEDIATION WITH JUDGE HART. THE CLERK OF COURT SHALL RECAPTION THIS CASE TO MATCH THE CAPTION ON THIS ORDER. SIGNED BY HONORABLE STEWART DALZELL ON 1/21/16. 1/21/16 ENTERED AND COPIES EMAILED.(rf, )
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