MANORCARE OF EASTON PA LLC v. NAGY
| MANORCARE OF EASTON PA LLC |
| JOSEPH A. NAGY |
| 5:2013cv05957 |
| October 7, 2013 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Outside the State of PA. |
| JEFFREY L. SCHMEHL |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
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Filing
135
OPINION/ORDER THAT DEFENDANT/COUNTER-PLAINTIFF'S MOTION TO TAX ATTORNEY IN FACT AND PRO SE' FEES (NO. 132) IS DENIED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/13/17. 12/13/17 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE'.(ky, )
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Filing
127
OPINION/ORDER THAT COUNTER-DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED, AND CONTER-PLAINTIFFS' MOTION TO STRIKE NO. 96 IS DENIED. COUNTER-PLAINTIFFS' AMENDED COUNTERCLAIM IS DISMISSED WITH PREJUDICE. THE ONLY REMAINING PARTIES IN THIS MATTER ARE PLAINTIFF MANORCARE AND THE NAGY DEFENDANTS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/29/17. 9/29/17 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED.(ky, )
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Filing
34
ORDER AS FOLLOWS: 1. COUNTER-DEFENDANTS MOTION TO DISMISS ANY AND ALL CLAIMS AGAINST THEM AND ANY OTHER ENTITY, IF ANY, OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT (DOC. #17) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS:A. COUNT NINE O F THE AMENDED COUNTERCLAIM FOR LEGAL MALPRACTICE (ALONG WITH ANY OTHER POTENTIAL CLAIM FOR PROFESSIONAL LIABILITY) IS DISMISSED WITHOUT PREJUDICE BASED ON COUNTER-PLAINTIFFS FAILURE TO FILE A CERTIFICATE OF MERIT. B. INSOFAR AS THE MOTION TO DISMISS ALL OTHER COUNTS OF THE AMENDED COUNTERCLAIM IS BASED ON LACK OF SERVICE AND IMPROPER JOINDER, IT IS DENIED. C. THE ALTERNATIVE REQUEST FOR A MORE DEFINITE STATEMENT IS DENIED. 2. MANORCARE (AND ANY OTHER COUNTER-DEFENDANT WHO HAS ALREADY JOINED IN T HE EXISTING MOTION TO DISMISS THE AMENDED COUNTERCLAIM (DOC. #17)) SHALL FILE A NEW MOTION WITH SUPPLEMENTAL BRIEFING SETTING FORTH ANY ADDITIONAL GROUNDS FOR DISMISSAL WITHIN 30 DAYS.1 3. THE MOTION TO DISMISS CONTAINED WITHIN DEFENDANTS ANSWER, AME NDED COUNTERCLAIM, AND MOTION TO DISMISS (DOC. #14) IS DENIED. 4. DEFENDANTS/COUNTER-PLAINTIFFS MOTION TO STRIKE (DOC. #18) IS DENIED. 5. DEFENDANTS/COUNTER-PLAINTIFFS OBJECTION (DOC. #23), WHICH APPEARS TO BE A MOTION TO STRIKE PLAINTIFFS/COUNTER-DE FENDANTS RESPONSE TO THE ABOVE-REFERENCED MOTION TO STRIKE, IS DENIED. 6. DEFENDANTS/COUNTER-PLAINTIFFS DISCOVERY PLAN OBJECTION AND MOTION FOR PROTECTIVE ORDER (DOC. #25) IS DENIED. 7. DEFENDANTS/COUNTER-PLAINTIFFS MOTION TO DENY MANORCARES REQUEST FOR ADMISSION, ETC. (DOC. #29) IS DENIED. 8. THE THIRD PARTY COMPLAINT (DOC. #30) IS DISMISSED AND STRICKEN. 9. DEFENDANTS/COUNTER-PLAINTIFFS MOTION FOR LEAVE TO SERVE THIRD PARTY DEFENDANTS (DOC. #31) IS DENIED AS MOOT GIVEN THE STRIKING OF THE THIR D-PARTY COMPLAINT. 10. DEFENDANTS/COUNTER-PLAINTIFFS MOTION FOR JUDICIAL RELIEF REGARDING COMPULSORY COUNTERCLAIM (DOC. #32) IS ALSO DENIED AS MOOT GIVEN THE STRIKING OF THE THIRD-PARTY COMPLAINT. 11. THE CLERKS OFFICE SHALL ISSUE SUMMONSES RELATING TO THE AMENDED COUNTERCLAIM (DOC. #14) FOR THE FOLLOWING COUNTER-DEFENDANTS: KENNEDY, PC; NORTHAMPTON COUNTY; AETNA, INC.; HEARTLAND HOSPICE; DR. EDWARD CUMBO; DR. DILIP BERA; BRAKELEY PARK CENTER; NEW EASTWOOD CARE AND REHAB; COMMONWEALTH OF PENNSYL VANIA; DR. KEYURKUMAR DALSANIYA; DR. STEPHEN KSIAZEK; AND ST. LUKES WARREN HOSPITAL. 12. COUNTER-PLAINTIFFS SHALL PROPERLY SERVE A COPY OF THE AMENDED COUNTERCLAIM AND SUMMONS, ALONG WITH A COPY OF THIS ORDER, ON EACH OF THE ABOVE COUNTER-DEFENDANTS WITHIN 30 DAYS.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/25/2015. 6/26/2015 ENTERED AND COPIES MAILED TO DEFENDANT AND E-MAILED.(lbs, )
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| Plaintiff: MANORCARE OF EASTON PA LLC | |
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| Defendant: JOSEPH A. NAGY | |
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