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16-673 - Schwartz et al v. Assisted Recovery Centers of America, LLC et al


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16-673 - Schwartz et al v. Assisted Recovery Centers of America, LLC et al
March 3, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Movants' (ARCA Defendants) Motion to Dismiss Counts I, II, and III of Plaintiffs' Amended Complaint for Failure to State a Claim (ECF No. 73), Defendant Dr. Paul Selvadurai's Motion to Dismiss All Counts of Plaintiffs' Amended Complaint for Failure to State a Claim (ECF No. 75), Defendant Sheryl Castro's Motion to Dismiss Counts I, II, and III of Plaintiffs' Amended Complaint for Failure to State a Claim (ECF No. 88), and Dr. Shannon Jennings' Motion to Dismiss Counts I, II, and IV of Plaintiffs' Amended Complaint for Insufficient Service of Process under Rule 12(b)(5) and Failure to State a Claim under 12(b)(6) (ECF No. 91) are GRANTED with respect to Plaintiffs' federal claims. IT IS FURTHER ORDERED that Plaintiffs' state-law wrongful death and medical malpractice claims (Counts III and IV) are DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Defendant Dr. Paul Selvadurai's Motions to Strike All Exhibits Attached to Plaintiffs' Consolidated Memorandum of Law in Opposition to All Defendants' Motions to Dismiss and/or Summary Judgment (ECF No. 77) and to Dismiss Count IV of Plaintiffs' First Amended Complaint for Failure to File a Health Care Affidavit in Compliance with Mo. Rev. Stat. ยง 538.225 and to Strike All Exhibits Attached to Plaintiffs' Consolidated Memorandum of Law in Opposition to All Defendants' Motions to Dismiss and/or Summary Judgment (ECF No.102) ARE DENIED AS MOOT.. Signed by Magistrate Judge John M. Bodenhausen on 3/3/17. (LGK)