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14-164 - TUTTLE v. WINGARD, et al


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14-164 - TUTTLE v. WINGARD, et al
November 12, 2014
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REPORT AND RECOMMENDATION re 10 MOTION to Dismiss filed by VIRGINIA COOK recommending that Motion be granted. 14 MOTION to Dismiss filed by ALLEGHENY COUNTY, DAN ONORATO, TREVOR WINGARD, ALLEGHENY COUNTY HEALTH DEPARTMENT recommending that the Motion be granted in part and denied in part as discussed in the Report and Recommendation. 8 MOTION to Dismiss filed by ALLEGHENY CORRECTIONAL HEALTH SERVICES, INC., DANA PHILLIPS recommending that Motion be granted in part and denied in part as discussed in the Report and Recommendation. Objections to R&R due by 12/1/2014. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/12/2014. (vad)
December 17, 2014
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ORDER adopting 24 Report and Recommendations. The Motion to Dismiss by Defendants Allegheny County, Allegheny Health Department, Dan Onorato, and Trevor Wingard (Doc. 14) is GRANTED IN PART AND DENIED IN PART. It is denied as it relates to the Eighth Amendment claim. It is granted as it relates to: the official and individual capacity claims against Defendants Onorato and Wingard; the claims against the Allegheny Health Department; the Fifth Amendment claims; and the state negligence claims against Allegheny County and it officials Wingard and Onorato. It is granted without prejudice to Plaintiffs filing an amended complaint as to the municipal liability claim. If Plaintiffs fail to amend the municipal liability claim by January 5, 2015, that claim will be dismissed with prejudice. The Motion to Dismiss filed by Defendant Virginia Cook (Doc. 10) is GRANTED.The Motion to Dismiss filed by Defendants Allegheny Correctional Health Services, Inc., Dana Phillips, and Bruce Dixon in his capacity as Chair of the Board of Directors of Allegheny Correctional Health Services, Inc., (Doc. 8) is GRANTED IN PART AND DENIED IN PART. The Motion is denied as it relates to: the state law negligence claims against ACHS and its officials Phillips and Dixon; the Section 1983 individual capacity claims against Phillips; and the claim for punitive damages. The Motion is granted as it relates to: the Fifth Amendment claims; the Fourteenth Amendment claims; the Section 1983 official capacity claims against Phillips and Dixon; the Section 1983 individual capacity claims against Dixon; and any state medical malpractice claims. This ruling is without prejudice to Plaintiffs filing an amended complaint as it relates to the Monell claim. If Plaintiffs fails to amend the Monell claim by January 5, 2015, that claim will be dismissed with prejudice. The Magistrate Judge's Report and Recommendation dated September 29, 2014, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 12/17/14. (rld)
June 10, 2015
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REPORT AND RECOMMENDATION re 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY CORRECTIONAL HEALTH SERVICES, INC., DANA PHILLIPS,and VIRGINIA COOK recommending that the Motion to Dismiss be denied as it relates to the Monell claim against Allegheny Correctional Health Services, Inc., and denied as moot as to all other issues previously raised in their first motion to dismiss. Objections to R&R due by 6/29/2015. Signed by Magistrate Judge Lisa Pupo Lenihan on 6/10/2015. (vad)
July 7, 2015
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ORDER adopting Report and Recommendations (Doc. 43). The Motion to Dismiss by Defendants Allegheny Correctional Health Services, Inc. and Dana Phillips (Doc. 31) is DENIED. The Motion is DENIED as it relates to the Monell claim against Allegheny Correctional Health Services, Inc., and DENIED AS MOOT as to all other issues previously raised in Defendants' first Motion to Dismiss (Doc. 8), and subsequently ruled upon by the Court. (Docs. 24, 28). Signed by Judge Cathy Bissoon on 7/7/15. (rld)
December 29, 2015
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REPORT AND RECOMMENDATION that the 70 MOTION TO DISMISS filed by ALLEGHENY COUNTY be denied. Objections to R&R due by 1/15/2016. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/29/2015. (jmb)
January 21, 2016
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ORDER. The Motion to Dismiss by Defendant Allegheny County (Doc. 70) is DENIED. The Magistrate Judge's Report and Recommendation dated December 29, 2015 (Doc. 72) hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 1/21/16. (rld)