Opinion
Civil Action 21-3622
10-04-2022
GEORGIANNE MCENTYRE, Plaintiff v. SOUTHEASTERN VETERANS' CENTER et al, Defendants
ORDER
GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE
AND NOW, this 4th day of October, 2022, upon review of Southeastern Veterans' Center and Rohan Blackwood's Motion to Dismiss (Doc. No. 16), and following the oral argument held on September 16, 2022, it is hereby ORDERED that:
1. Southeastern and Mr. Blackwood's Motion to Dismiss (Doc. No. 16) is GRANTED IN PART WITHOUT PREJUDICE and with leave to amend as to Ms. McEntyre's § 1983 survival action claim against Mr. Blackwood in his individual capacity (Count I), and as to Ms. McEntyre's medical-professional negligence claims (Counts III and IV).
2. Southeastern and Mr. Blackwood's Motion to Dismiss (Doc. No. 16) is GRANTED IN PART WITH PREJUDICE as to Ms. McEntyre's § 1983 survival action claim against Southeastern (Count I), and as to Ms. McEntyre's corporate negligence claims (Counts III and IV).
3. Southeastern and Mr. Blackwood's Motion to Dismiss (Doc. No. 16) is DENIED IN PART as to Ms. McEntyre's § 1983 wrongful death claim against Southeastern and Mr. Blackwood (Count II).
4. Compassus Hospice and Palliative Care-Philadelphia, Compassus - Greater Philadelphia, Compassus Greater Philadelphia II, and Compassus OP Pennsylvania, LLC's Motion to Dismiss (Doc. No. 17) is hereby DEEMED MOOT.
5. Ms. McEntyre's Motion to Compel Defendants' Request for Production of Documents (Doc. No. 36) is hereby DEEMED MOOT.