Opinion
Civil Action 23-CV-02163
03-29-2024
PAUL HOYT Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS D/B/A SCI-PHOENIX, et. al., Defendant.
ORDER
HODGE, KELLEY B., J.
AND NOW, this 29th day of March, 2024, upon consideration of Defendants Wellpath, LLC; Jessamine Healthcare, Inc.; Dr. Anthony Letizio; and Steven Kaminsky, PA-C, (“Moving Defendants”) Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 11) (the “Motion”), Plaintiff's Response in Opposition thereto (ECF No. 12) and Moving Defendants' Reply in Further Support (ECF No. 13)-IT IS ORDERED as follows:
1. Moving Defendants' Motion (ECF No. 11) is DENIED as to Count I;
2. Moving Defendants' Motion (ECF No. 11) is GRANTED without prejudice as to COUNT II;
3. Plaintiff is granted leave to amend Count II of the complaint and to re-file the requisite Certificates of Merit pursuant to Pennsylvania Procedural Rule 1042.3, in compliance with the Court's memorandum opinion, within thirty (30) days of this Order being issued.