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16-081 - Garriott et al v. Western Medical Associates, PLLC et al


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16-081 - Garriott et al v. Western Medical Associates, PLLC et al
July 8, 2016
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ORDER denying 30 Motion to Dismiss for Lack of Jurisdiction; denying 30 Motion to Dismiss for Failure to State a Claim; granting 39 Motion to Amend/Correct.Plaintiffs must separately file their proposed amended complaint(Dkt. [39-1]) within five (5) days of the Court's order.Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (klw))
July 14, 2017
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MEMORANDUM DECISION AND ORDER granting 85 Defendants' Motion for Partial Summary Judgment. The loss of consortium claims brought by Defendants JASPYN GARRIOTT, JUSTIN GARRIOTT JR., JMG1, a minor, and JMG2, a minor, are dismissed with prejudice. Signed by Judge Candy W. Dale. (klw) Modified on 7/20/2017 to edit text (cjs).
August 2, 2017
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ORDER denying 86 Defendants' Motion for Summary Judgment. The expert reports of Drs. Cummins and Patel provide a sufficient showing of actual knowledge of the community standard of care, and have established the foundation for the admissibility of their opinions as expressed in their reports. Alternatively, under the facts before the Court, the standard of care applicable to the community served by Kootenai Health was indeterminate. The Court concludes the opinions of Drs. Cummins and Patel, as expressed in their expert witness reports, are admissible. Signed by Judge Candy W. Dale. (klw)
October 4, 2017
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ORDER granting in part and denying in part 102 Plaintiffs' Motion in Limine; granting in part and denying in part 104 Defendants' Motion in Limine. The Court reserves the opportunity to rule on appropriate evidentiary objections at trial, which may encompass the issues presented by the parties' motions. Signed by Judge Candy W. Dale. (klw)