HERNANDEZ v. LINK ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MANUEL HERNANDEZ, Plaintiff, CIVIL ACTION v. NO. 18-02912 CYNTHIA LINK, et al., Defendants. ORDER AND NOW, this 20th day of December 2019, upon consideration of Joseph Korszniak & Cynthia Link’s Motion to Dismiss Amended Complaint (ECF No. 49), Correct Care Solutions & Stephen Weiner’s Motion to Dismiss Amended Complaint (ECF No. 50), Manuel Hernandez’s Response to Wills Eye Hospital’s Letter (ECF No. 58) and Hernandez’s Response to Link & Korszniak’s Motion to Dismiss (ECF No. 60), it is hereby ORDERED that: 1. Link & Korszniak’s Motion to Dismiss is GRANTED. All Eighth Amendment claims against Link and Korszniak are DISMISSED with prejudice; the remaining claims are DISMISSED without prejudice; 2. Correct Care Solutions & Stephen Weiner’s Motion to Dismiss is GRANTED. All Eighth Amendment claims against Correct Care and Weiner are DISMISSED with prejudice; the remaining claims are DISMISSED without prejudice. 3. Hernandez may amend his complaint—consistent with this Order and the attached Memorandum—on or before Friday, February 3, 2020; 4. Defendant Wills Eye Hospital shall ANSWER Hernandez’s Amended Complaint on or before Friday, January 10, 2020; by the same date, it shall FILE A LETTER BRIEF—not to exceed five single-spaced pages— explaining its failure to answer the Amended Complaint; with its letter brief, Wills Eye Hospital shall attach the October 17, 2019, letter it sent to Hernandez and explain the circumstances and propriety of the letter. See (Order Denying Extension as Moot ¶ 1, ECF No. 59); Bilinski v. Wills Eye Hosp., 760 F. App’x 125 (3d Cir. 2019) (unpublished). BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J.