WEISTER v. THE UNITED STATES POSTAL SERVICE

Civil No. 15-6763 (NLH/AMD).

ALICIA WEISTER and JOSEPH PETCOFF, Plaintiffs, v. THE UNITED STATES POSTAL SERVICE, THE UNITED STATES OF AMERICA, DR. WALTER POPRYCZ, THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, THE BOROUGH OF HADDONFIELD, THE STATE OF NEW JERSEY, OUR LADY OF LOURDES MEDICAL CENTER, INC., Defendants.

United States District Court, D. New Jersey.

July 6, 2016.


Attorney(s) appearing for the Case

JOSEPH PETCOFF, Plaintiff, represented by MITCHELL LEE GOLDFIELD .

ALICIA WEISTER, Plaintiff, represented by MITCHELL LEE GOLDFIELD .

DR. WALTER POPRYCZ, M.D., Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

OUR LADY OF LOURDES MEDICAL CENTER, INC., Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

THE BOROUGH OF HADDONFIELD, Cross Claimant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

OUR LADY OF LOURDES HOSPITAL, Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

OUR LADY OF LOURDES MEDICAL CENTER, Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

DR. WALTER POPRYCZ, M.D., Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

DR. WALTER POPRYCZ, M.D., Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

THE BOROUGH OF HADDONFIELD, Cross Defendant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE BOROUGH OF HADDONFIELD, Cross Claimant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

DR. WALTER POPRYCZ, M.D., Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

OUR LADY OF LOURDES HOSPITAL, Cross Claimant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

DR. WALTER POPRYCZ, M.D., Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE BOROUGH OF HADDONFIELD, Cross Defendant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

DR. WALTER POPRYCZ, M.D., Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE BOROUGH OF HADDONFIELD, Cross Defendant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

ALICIA WEISTER, Cross Defendant, represented by MITCHELL LEE GOLDFIELD .

OUR LADY OF LOURDES MEDICAL CENTER, Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

OUR LADY OF LOURDES HOSPITAL, Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP & KEVIN C. COTTONE , WHITE & WILLIAMS LLP.

JOSEPH PETCOFF, Cross Defendant, represented by MITCHELL LEE GOLDFIELD .

DR. WALTER POPRYCZ, M.D., Counter Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Counter Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

ALICIA WEISTER, Counter Defendant, represented by MITCHELL LEE GOLDFIELD .

JOSEPH PETCOFF, Counter Defendant, represented by MITCHELL LEE GOLDFIELD .

THE UNITED STATES OF AMERICA, Cross Claimant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Claimant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

DR. WALTER POPRYCZ, M.D., Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE BOROUGH OF HADDONFIELD, Cross Defendant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

DR. WALTER POPRYCZ, M.D., Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Claimant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Defendant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

OUR LADY OF LOURDES MEDICAL CENTER, INC., Cross Claimant, represented by ANGELLA NICOLE MIDDLETON , WHITE AND WILLIAMS LLP.

DR. WALTER POPRYCZ, M.D., Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE BOROUGH OF HADDONFIELD, Cross Defendant, represented by JOHN MICHAEL PALM , LAW OFFICE OF JOHN M. PALM, LLC.

THE PROFESSIONAL ORTHOPEDIC ASSOCIATES OF SOUTHERN NEW JERSEY, Cross Defendant, represented by STEVEN DRAKE , DRAKE LAW FIRM, P.C..

THE STATE OF NEW JERSEY, Cross Defendant, represented by ASHLEY GAGNON , STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL.

THE UNITED STATES OF AMERICA, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.

THE UNITED STATES POSTAL SERVICE, Cross Defendant, represented by ELIZABETH ANN PASCAL , U.S. DEPARTMENT OF JUSTICE.


MEMORANDUM OPINION & ORDER

WHEREAS, on September 9, 2015, plaintiffs, Alicia Weister and her husband Joseph Petcoff, filed the instant action against the United States, the Borough of Haddonfield, the State of New Jersey, Dr. Poprycz, Professional Orthopedic Associates of Southern New Jersey, and Our...

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