Rightmyer v. Philly Pregnancy Center, P.C., 2:23-cv-01925

Rightmyer v. Philly Pregnancy Center, P.C.

2:23-cv-01925

E.D. Pa.

Mar 1, 2024

Check Treatment

Docket

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JILLIAN RIGHTMYER Plaintiff v.

PHILLY PREGNANCY CENTER, P.C., et al.

Defendants

: CIVIL ACTION

: NO. 23-1925 : : :

ORDER

AND NOW, this $1^{st}$ day of March 2024, upon consideration of Defendant Theresa Smigo's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), (ECF 11), Plaintiff's response in opposition, (ECF 14), and the allegations in the amended complaint, (ECF 9), it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion, that: (1) Defendant's motion to dismiss is GRANTED with respect to Count III of the amended complaint (breach of contract) and Count V of the amended complaint (violation of the Affordable Care Act); and (2) Defendant's motion to dismiss is DENIED with respect to Count VII of the amended complaint (intentional infliction of emotional distress).

It is further ORDERED that Defendant Theresa Smigo shall file an answer to the remaining claims asserted against her in the amended complaint by March 14, 2024.

BY THE COURT:

Is/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court