Opinion
Civil Action 24-1535
10-15-2024
BARBARA LYNN VAIL, MD, Plaintiff, v. DERMATOLOGY AND MOHS SURGERY CENTER, P.C., et al., Defendants.
ORDER
ANITA B. BRODY, J.
AND NOW, this 15th day of October, 2024, upon consideration of Defendants' omnibus motion (ECF No. 6), and for the reasons set out in the accompanying Memorandum Opinion, IT IS ORDERED THAT:
• Defendants' motion to dismiss the complaint under Fed. R. Civ. Proc. 12(b)(6) for failure to state a claim IS DENIED without prejudice to Defendants to reassert at a later stage of the litigation;
• Defendants' motion to strike the jury demand under Fed. R. Civ. Proc. 39(a) IS DENIED without prejudice to Defendants to reassert at a later stage of the litigation; and
• Defendant Vincent Bradley's motion to dismiss the complaint under Fed. R. Civ. Proc. 12(b)(2) for lack of personal jurisdiction IS DENIED without prejudice to Mr. Bradley to reassert at a later stage of the litigation.