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11-126 - Booker v. Lapaglia et al (PLR2)


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11-126 - Booker v. Lapaglia et al (PLR2)
October 30, 2012
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ORDER whereby the several motions for summary judgment 25 32 57 66 69 86 and 88 are all GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. The court dismisses Daniel Beams and Paul White from this action, and holds that any federal claims against Methodist Medical Center, Southeastern, Team Health, and Nurse Jones are also dismissed. The court further dismisses any claims for violations of the Tennessee Constitution and dismisses the claims against Dr. LaPaglia and Nurse Jones for violations of Tenn. Code Ann. § 29-20-101. The remaining claims in this case are stayed pending the resolution of Mr. Booker's appeal in his criminal case that is currently before the Sixth Circuit. At that time, any party may renew its arguments that the court here denies without prejudice by filing an appropriate motion. Dr. LaPaglia has filed a motion for leave to supplement his motion for summary judgment 91. Nurse Jones and Methodist Medical Center have filed a similar motion 95. These motions are DENIED AS MOOT, as is Mr. Booker's motion for permission to file an unsigned affidavit 79. Finally, the court GRANTS the motion of Nurse Jones and Methodist Medical Center to file an amended answer. The court orders the parties to submit a notice when the Sixth Circuit has issued its opinion. At that time, the court will set the matter down for a scheduling conference. Signed by District Judge Tena Campbell on October 29, 2012. (AYB)
August 8, 2013
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ORDER granting 120 the Motion for Clarification. The Court hereby CLARIFIES its previous Orders 54 97, by stating this case is STAYED IN ITS ENTIRETY, pending decision by the Court of Appeals. Thus, all discovery and pretrial deadlines are STAYED. Signed by Magistrate Judge C Clifford Shirley, Jr on August 8, 2013. (AYB)
August 28, 2014
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Memorandum Opinion and Order; denying Mr. Booker's motion for reconsideration, 156; denying Dr. LaPaglia and Methodist's motions to strike 250 and 251; granting Methodist's motion for leave to supplement its response 252; Officer Ridenour's motion for summary judgment, 135, is granted in part with respect to claims for any actions leading up to the hospital visit, and denied in part with respect to Mr. Booker's claims relating to the hospital visit; Officer Steakley and Oak Ridge's joint motion for summary judgment, 144, is granted in part with respect to claims for any actions leading up to the hospital visit, and denied in part with respect to any remaining claims; Deputy Shelton and Anderson County's joint motion for summary judgment, 172, is granted in part with respect to claims for any actions leading up to the hospital visit, and denied in part with respect to Mr. Bookers remaining claims; denying Dr. LaPaglia's motion for summary judgment 164; denying as moot Tammy Jones and Methodist Medical Center's joint motion for summary judgment 137; denying 153 Mr. Booker's motion for summary judgment; dismissing Mr. Booker's § 1983 claims for actions leading up to the hospital visit; dismissing Mr. Booker's state law claims for false arrest and imprisonment as well as malicious prosecution; and remanding Mr. Booker's remaining state law claims to the Circuit Court of Anderson County, Tennessee. Signed by District Judge Pamela L Reeves on 8/28/14. (ADA)