Perkins v. Centenial Healthcare Corporation et al
| Brenda J. Perkins |
| Centenial Healthcare Corporation, Cleveland Nursing and Rehabilitation Center, LLC and John Does 1-10 |
| 3:2009cv00588 |
| September 29, 2009 |
| US District Court for the Southern District of Mississippi |
| Jackson Office |
| Pike |
| Linda R. Anderson |
| William H. Barbour |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
69
ORDER granting in part and denying in part 58 Motion to Dismiss; granting in part and denying in part 60 Motion to Dismiss; granting in part and denying in part 60 Motion to Amend/Correct. To the extent the subject Motions sought the dismissal of Plaintiff's medical malpractice-based claims including negligence (Count One), medical malpractice (Count Two), gross negligence (Count Three); and breach of fiduciary duties (Count Five), the Motions are granted. To the extent the subject m otions sought the dismissal of Plaintiff's fraud claim (Count Four), the Motions are presently denied. Plaintiff is hereby granted leave of Court to amend her fraud claim so as to comply with the heightened pleading requirement of Rule 9(b). P laintiff is specifically warned that in the event she fails to amend her fraud claim on or before November 12, 2010, that claim will be dismissed without further notice to her. Signed by District Judge William H. Barbour, Jr on 11/4/2010 (Lewis, Nijah)
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