MILLINER v. DIGUGLIELMO et al
| JOHN MILLINER |
| DAVID DIGUGLIELMO, JULIE KNAUER, MYRON STANISHEFSKI, MACHAK, STEFANIC, NWOSU, ZAROAND and CARROLL OSGOOD |
| 2:2008cv04905 |
| October 14, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Montgomery |
| LOUIS H. POLLAK |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
94
MEMORANDUM/ORDER THAT MOTION OF DEFTS OSGOOD AND ALTOONA HOSPITAL TO DISMISS THE FOURTH AMENDED COMPLAINT IS DENIED. FURTHER THE MOTION FO DEFT STANISHEFSKI TO DISMISS THE FOURTH AMENDED COMPLAINT IS DENIED.. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/26/12. 3/29/12 ENTERED AND COPIES E-MAILED TO COUNSEL.(lvj, ) Modified on 3/29/2012 (lvj, ).
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Filing
82
ORDER THE MOTION OF DAVID DIGUGLIELMO, JULIE KNAUER, AND MYRON STANISHEFSKI TO DISMISS THE THIRD AMENDED COMPLAINT OF JOHN MILLINER, DKT. 64., IS HEREBY GRANTED AND THE COMPLAINT AGAINST THOSE DEFENDANTS IS DISMISSED WITHOUT PREJUDICE AS TO ALL COUNT S. THE MOTION OF RAYMOND MACHAK, P.A., JOHN ZARO, M.D., RICHARD STEFANIC, M.D., CALEB NWOSU, D.O. AND PRISON HEALTH SERVICES, INC. TO DISMISS THE THIRD AMENDED COMPLAINT OF JOHN MILLINER, DKT. 66, IS HEREBY GRANTED IN PART. COUNT II (AS TO MACHAK, S TEFANIC, AND NWOSU), AND COUNT X (AS TO PHS) ARE DISMISSED WITHOUT PREJUDICE. THE MOTION TO DISMISS IS DENIED AS TO ALL OTHER COUNTS, SUCH THAT COUNTS II (AS TO ZARO), III, IV, V, VI AND X (AS TO MACHAK, ZARO, STEFANIC, NWOSU) WILL REMAIN. THE MOTIO N OF CARROLL P. OSGOOD, M.D. AND ALTOONA HOSPITAL TO DISMISS THE THIRD AMENDED COMPLAINT OF JOHN MILLINER, DKT. 76, IS HEREBY GRANTED IN PART. COUNT X (AS TO DR. OSGOOD AND ALTOONA HOSPITAL) AND COUNT VIII ARE DISMISSED WITHOUT PREJUDICE. THE MOTION TO DISMISS IS DENIED AS TO ALL OTHER COUNTS SUCH THAT COUNT VII AND COUNT IX WILL REMAIN. MILLINER MAY AMEND HIS COMPLAINT NO LATER THAN 30 DAYS FROM THE DATE OF THIS ORDER, AFTER WHICH TIME THE DISMISSALS ORDERED HEREIN WILL, ABSENT A RESPONSIVE AM ENDMENT, BE WITH PREJUDICE. PLAINTIFF'S MOTION TO STRIKE REPLY BRIEF OF DEFENDANTS MACHAK, ZARO, STEFANIC, NWOSU AND PRISON HEALTH SERVICES, DKT. 80, IS DENIED. SEE LOCAL R. CIV. P. 7.1(C) ("[C]OURT MAY REQUIRE OR PERMIT FURTHER BRIEFS OR SUBMISSIONS IF THE COURT DEEMS IT APPROPRIATE."). SIGNED BY HONORABLE LOUIS H. POLLAK ON 6/7/11. 6/9/11 ENTERED AND COPIES E-MAILED.er, )
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Filing
50
MEMORANDUM/ORDER THAT THE CLERK IS DIRECTED TO RESTORE THIS MATTER TO THE ACTIVE DOCKET; AND PLFF SHALL RESPOND TO DEFTS' PENDING MOTIONS TO DISMISS WITHIN SIXTY DAYS OF THE DATE OF THIS ORDER.. SIGNED BY HONORABLE LOUIS H. POLLAK ON 6/1/10. 6/3/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (COPY OF MEMO/ORDER SENT TO PRO SE)(lvj, )
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Filing
47
ORDER AS FOLLOWS: THE MOTION/REQUEST TO ACCEPT THE PLFF'S AMENDED PETITION AS AN ADDITION TO THE PLFF'S ORIGINALLY FILED COMPLAINT IS GRANTED; DEFTS' MOTION TO DISMISS PRIOR VERSIONS OF THE COMPLAINT ARE DENIED AS MOOT; PLFF'S DIS COVERY REQUESTS ARE DENIED WITHOUT PREJUDICE TO REQUESTING DISCOVERY RELEVANT TO ANY CLAIMS THAT REMAIN FOLLOWING THIS COURT'S DISPOSITION OF DEFTS' PENDING MOTIONS TO DISMISS; PLFF'S REQUEST TO ENTER A JUDGMENT OF DEFAULT AGAINST DEFT CARROLL OSGOOD AND REQUEST TO STRIKE DEFT CARROLL OSGOOD'S MOTION TO DISMISS ARE DENIED AS MOOT; PLFF'S MOTION TO COMPEL THIS COURT TO RULE UPON HIS PENDING MOTIONS IS DENIED AS MOOT; PLFF'S REQUEST FOR A STAY IN THESE PROCEEDINGS IS GRANTED; THE CLERK IS DIRECTED TO SEND PLFF COPIES OF THIS COURT'S ORDERS DATED 8/13/09 AND 9/30/09 CONTEMPORANEOUSLY WITH COPIES OF THIS ORDER AND THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/16/10. 3/16/10 ENTERED AND COPIES MAILED AND E-MAILED.(fb)
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