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Newsome v. Schwarzenegger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 11, 2009

DORIS NEWSOME, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THEODORE HAYWARD, JR., DECEASED, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Presently before the Court are Motions attacking Plaintiff's Second Amended Complaint ("SAC") brought 1) by Defendants Thomas C. Wen, M.D., Sarabjit Singh, M.D. and Kern Cardiology Medical Group, Inc. ("the Kern Motion"); and 2) by Defendant Colonial Medical Group, Inc. ("the Colonial Motion"). Both Motions seek to dismiss the First and Fifth Claims contained within the SAC on grounds that said claims fail to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).

The Colonial Motion further requests that the punitive damage request against Colonial be dismissed as insufficient under applicable law.

Plaintiff has not opposed either Motion. Given that non-opposition, both the Kern Motion and the Colonial Motion (Docket Nos. 45 and 46) are GRANTED.*fn1 The First and Fifth Claims against Defendants Thomas C. Wen, M.D., Sarabjit Singh, M.S., Kern Cardiology Medical Group, Inc. and Colonial Medical Group, Inc. are hereby dismissed, with prejudice.*fn2 Plaintiff's prayer for punitive damages as against Defendant Colonial Medical Group, Inc. is also stricken.

IT IS SO ORDERED.


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