MUNSIF v. JEFFERSON HOSPITAL et al
| ANAND MUNSIF |
| JEFFERSON HOSPITAL, JEFFERSON UNIVERSITY PHYSICIANS, JOHN DIE (INDIVIDUALS) ONE TO TWENTY and JOHN DOE (BUSIONESSES) ONE TO TWENTY |
| 2:2015cv05649 |
| October 16, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| JUAN R. SANCHEZ |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| Defendant |
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Filing
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ORDER THAT THE MOTION TO DISMISS (DOC. 16 ) IS GRANTED. ALL REMAINING CLAIMS IN THE ABOVE-CAPTIONED ACTIONS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO MARK BOTH OF THE ABOVE-CAPTIONED CASES CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/11/2016. 10/11/2016 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(sg, )
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Filing
22
MEMORANDUM AND ORDER THAT DEFENDANTS THOMAS JEFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS' JOINT MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT (DOC.# 8 IN CIVIL NO. 15-5649; DOC.#5 IN CIVIL NO. 15-6190) ARE GRANTED AS FOLLOWS: MUNSIF'S CLAIMS FOR LACK OF INFORMED CONSENT (COUNT I OF BOTH COMPLAINTS) AND HIS CLAIMS FOR AGENCY AND VICARIOUS LIABILITY (COUNTS III AND IV OF BOTH COMPLAINTS), INSOFAR AS THOSE CLAIMS ARE BASED ON UNDERLYING INFORMED CONSENT VIOLAT IONS, ARE DISMISSED WITH PREJUDICE AS TO BOTH THOMAS JEFFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS; MUNSIF'S CLAIMS FOR LOSS OF CONSORTIUM (COUNT V OF BOTH COMPLAINTS) ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS ; AND ANY CLAIMS BASED ON ALLEGATIONS TO ATTEMPTED MURDER, CONSPIRACY TO CREATE HARM TO MUNSIF, AND VIOLATIONS OF TITLE 15 OF THE UNITED STATES CODE AND "FRAUD STATUTES" ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. IT IS FURTHER ORDER ED THAT MUNSIF'S REQUEST FOR AN EXTENSION OF TIME TO FILE CERTIFICATES OF MERIT IS GRANTED IN PART. MUNSIF SHALL HAVE UNTIL 9/1/2016, TO SUBMIT CERTIFICATES OF MERIT IN SUPPORT OF HIS REMAINING CLAIMS - HIS INFORMED CONSENT CLAIMS AGAINST THE JO HN DOE DEFENDANTS AND HIS CLAIMS BASED ON PROFESSIONAL NEGLIGENCE - AS REQUIRED BY PENNSYLVANIA RULE OF CIVIL PROCEDURE 1042.3. THE COURT RESERVES RULING ON THE BALANCE OF THE ABOVE-REFERENCED MOTIONS TO DISMISS AND ON DEFENDANTS' MOTION TO DISM ISS FOR FAILURE TO FILE CERTIFICATES OF MERIT, WHICH WILL BE TREATED AS A MOTION FOR SUMMARY JUDGMENT, PENDING RECEIPT OF MUNSIF'S SUBMISSION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/2/16. 8/3/16 ENTERED COPIES MAILED TO PRO SE AND E-MAILED. (sg, )
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