2:11-cv-02764 | E.D. Pa. | Dec 5, 2014
Case 2:11-cv-02764-MMB Document 29 Filed 12/05/14 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANDRE LIVINGSTON, CIVIL ACTION Plaintiff, v.
NO. 11-2764 JOHN DOE APPEL, et al. Defendant. ORDER RE CORRECTIONAL MEDICAL INC.’S MOTION TO DISMISS AND LT. EDWARD APPEL AND WARDEN JULIO M. ALGARIN’S MOTION TO DISMISS
PLAINTIFF’S COMPLAINT OR, IN THE ALTERNATIVE FOR SUMMARY JUDGMENT AND NOW , this 5 th day of December, 2014, upon consideration of Defendant Correctional Medical Care, Inc.’s (captioned as “Medical Department”) Motion to Dismiss (ECF No. 7), Defendants Lt. Edward Appel and Warden Julio Algarin’s Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 8), Plaintiff’s Response (titled “Motion to Dismiss the Motion of Defendants”) (ECF No. 26), and Defendants Lt. Edward Appel and Warden Julio Algarin’s Reply in support of their motion (ECF No. 27), it is hereby ORDERED that:
1. Defendant Correctional Medical Care, Inc.’s Motion (ECF No. 7) is GRANTED ; 2. Defendants Lt. Edward Appel and Warden Julio Algarin’s Motion to Dismiss (ECF
No. 8) is GRANTED IN PART , as to Defendant Warden Julio Algarin, and DENIED IN PART , as to Defendant Lt. Edward Appel;
3. The parties shall take discovery initially on the issue of exhaustion of administrative remedies within sixty (60) days of the entry of this Order, with leave for Defendants Case 2:11-cv-02764-MMB Document 29 Filed 12/05/14 Page 2 of 2 to renew their motion for summary judgment limited to that issue at the end of the sixty-day period;
4. Plaintiff is granted leave to file an amended complaint within thirty (30) days.
BY THE COURT:
/s/ Michael M. Baylson _______________________________
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 11\11-2764 livingston v. appel\11cv2764 112014 MTD Order.docx 2