Diana M. Jordan v. Ryan McWreath et al.

Summary

The United States District Court for the Western District of Pennsylvania adopted a magistrate judge’s report and recommendation with modification and ruled on defendants’ partial motion to dismiss. The court dismissed certain Section 1983 claims with prejudice, dismissed another claim without prejudice with leave to amend, and denied the motion without prejudice as to specified negligence, substantive due process, wrongful death, and survival claims. The court overruled the defendants’ objections without prejudice and returned the action to the magistrate judge for further proceedings.

Holdings

1. The magistrate judge acted within prevailing Third Circuit law by applying Federal Rule of Civil Procedure 12(g)(2) to bar consideration at that stage of certain grounds that could have been raised in an earlier motion, and the court could consider the rule sua sponte.
2. The Section 1983 claims in Count III were dismissed with prejudice as to defendants Vittone and Romano, dismissed without prejudice as to defendant Walsh, and otherwise left pending as specified in the order.
3. Walsh was granted leave to amend the specified Section 1983 claims in Count III within 21 days; absent a timely amendment, the dismissal would convert to dismissal with prejudice without further notice or order.
4. The partial motion to dismiss was denied without prejudice as to the remaining claims, including specified negligence, substantive due process, wrongful death, and survival claims.

Questions Presented

1. Whether Federal Rule of Civil Procedure 12(g)(2) barred certain defendants from seeking dismissal of claims that had been involved in an earlier motion to dismiss.
2. Whether the magistrate judge properly applied Rule 12(g)(2) sua sponte in recommending partial dismissal.
3. Whether the partial motion to dismiss should be granted as to the Section 1983 claims in Count III and as to defendants Vittone, Romano, and Walsh.
4. Whether the remaining claims should be dismissed at that stage of the proceedings.

Disposition

other