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13-006 - Houser v. Corizon et al


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13-006 - Houser v. Corizon et al
August 27, 2014
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MEMORANDUM DECISION AND ORDER Defendants' Motion to Dismiss (Dkt. 22) is GRANTED IN PART and DENIED IN PART. Counts 5 and 7 are dismissed without prejudice. Plaintiff may proceed on Counts 1, 2, 3, 4, 6, 8 and 9. Defendant Spelich's Motion to Dismiss (Dkt. 40) is DENIED without prejudice. Plaintiff's Motion to Conduct Discovery (Dkt. 28) is MOOT. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 10, 2015
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 48 Motion to Amend Complaint to Clarify Allegations and Causes of Action. Amended Complaint due by 9/25/2015. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
September 12, 2016
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REPORT AND RECOMMENDATION ON MOTION FOR SUMMARY JUDGMENT The undersigned recommends that the Motion for Summary Judgment (Dkt. 74), be GRANTED as to Corizon and Garth Gulick, M.D. and DENIED as to Scott Lossman, M.D. The undersigned further recommends that the Motion in Limine (Dkt. 75) be DENIED as to the issue discussed at section "C" in Defendant's brief and DENIED AS MOOT with respect to issues "A" and "D." Objections to R&R due by 9/29/2016. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
October 27, 2016
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ORDER ON REPORT AND RECOMMENDATION - NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation (Dkt. 83) shall be INCORPORATED by reference, ADOPTED in its entirety and ordered as follows: 1. Defendants Motion for Summary Judgment (Dkt. 74) is GRANTED IN PART AND DENIED IN PART. Plaintiffs claims against Defendants Corizon and Garth Gulick, M.D. are GRANTED. Plaintiffs claim in Count III against Dr. Lossman is DENIED. The sole claim remaining for trial is whether Dr. Lossman acted with deliberate indifference when it came to his role in the care ofPlaintiffs post-operative MRSA infection. All other claims by Plaintiff against Dr. Lossman are DISMISSED. 2. Defendants Motion in Limine (Dkt. 75) is GRANTED IN PART; DENIED IN PART and DENIED AS MOOT as set forth in this Order on Report and Recommendation. 3. The trial in this matter remains set for Tuesday, 11/29/2016. Counsel shall advise the Court of the estimated length of the trial based on the one claim that remains. The parties are advised, the Court currently has a criminal trial set to begin on Monday, 11/28/2016 which will be the first trial setting for that week. Therefore, it may be necessary for the Court to adjust this trial setting if the criminal matter proceeds. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)