De La Torre v. Corrections Corporation of America et al
| Marco Antonio Rodrigo De La Torre |
| Corrections Corporation of America, Northeast Ohio Correctional Center, Jason A Rupeka, Armand Minotti, David Gabriel, OD and Danny Hall, P.A. |
| 4:2016cv02004 |
| August 10, 2016 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| Benita Y. Pearson |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Medical Malpractice |
| Plaintiff |
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Filing
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Memorandum of Opinion and Order For the reasons set forth herein the Court grants Defendants' 23 Motion to Dismiss Count II. Count II is hereby dismissed. Defendants shall file an Answer within seven days of this Order. The Cou rt notes that Defendants have failed to comply with the Court's order that Defendants file an answer regardless of the intent to file a motion to dismiss. Counsel for both parties are admonished to take better care to comply with the Court's orders. Any additional failure to comply will not be tolerated. Judge Benita Y. Pearson on 12/22/2017. (E,CK)
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Filing
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Memorandum of Opinion and Order For the reasons set forth herein, Defendants' Motion to dismiss for failure to state a claim (ECF No. 4 ) is granted in part and denied in part. Defendants motion to dismiss is granted as to Counts 1, 2, 3 , 5, and 6 of Plaintiffs' Complaint. Defendants motion to dismiss is denied as to Count 4 Wrongful Death. Counts 1, 2, 3, and 5 are dismissed with prejudice. Count 6 is dismissed without prejudice to it being refiled within 14 days of the case being reopened. Plaintiffs' request for leave of 60 days to provide an updated affidavit of merit is denied as unnecessary. Defendant NEOCC is dismissed from this action. Judge Benita Y. Pearson on 11/23/2016. (E,CK)
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