MCGINNIS et al v. WESTMORELAND COUNTY et al
| DENISE MCGINNIS, DUSTIN J. MCGINNIS and DAVID L. MCGINNIS |
| WESTMORELAND COUNTY, NAPHCARE, INC. and JOHN R. WALTON |
| 2:2011cv01194 |
| September 16, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Westmoreland |
| Cathy Bissoon |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
34
ORDER granting in part and denying in part 17 Motion to Dismiss for Failure to State a Claim. After due consideration to defendants' motion to dismiss the complaint [ECF No. 17], and plaintiffs' response thereto [ECF No. 24], IT IS HEREBY ORDERED that defendants' motion to dismiss is GRANTED as to Plaintiffs' common law claim for negligence only; otherwise the motion to dismiss is DENIED without prejudice to defendants raising the issues set forth therein in a motion for summary judgment at the appropriate time following discovery. Signed by Magistrate Judge Cynthia Reed Eddy on 2/07/12. (mjl)
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