LANGBEHN v. PUBLIC HEALTH TRUST OF MIAMI-DADE

Case No. 08-21813-CIV.

661 F.Supp.2d 1326 (2009)

Janice LANGBEHN, individually and as Representative of the Estate of Lisa Marie Pond, Danielle Langbehn-Pond, Katelyn Langbehn-Pond, and David Langbehn-Pond, Plaintiffs v. The PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, d/b/a Jackson Memorial Hospital, Garnett Frederick, Dr. Alois Zauner, and Dr. Carlos Alberto Cruz, Defendants.

United States District Court, S.D. Florida, Miami Division.

October 2, 2009.


Attorney(s) appearing for the Case

Donald John Hayden, Jorge David Guttman, Joseph Mamounas, Baker & McKenzie, Miami, FL, Elizabeth L. Littrell, Gregory R. Nevins, Lambda Legal Defense & Education Fund, Atlanta, GA, for Plaintiffs.

Andrew Benjamin Boese, Dennis A. Kerbel, Erica Sunny Shultz Zaron, Miami-Dade County Attorney's Office, Miami, FL, for Defendants.


AMENDED ORDER GRANTING MOTION TO DISMISS1

ADALBERTO JORDAN, District Judge.

Currently pending is the defendants' motion to dismiss the amended complaint. Under the Rule 12(b)(6) standard set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and for the reasons which follow, that motion [D.E. 31] is GRANTED.

I. THE ALLEGATIONS

The...

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