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15-640 - THOMAS, MD v. INDIANA PHYSICIAN MANAGEMENT LLC et al


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15-640 - THOMAS, MD v. INDIANA PHYSICIAN MANAGEMENT LLC et al
February 16, 2016
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REPORT AND RECOMMENDATIONS: The magistrate judge therefore recommends that the plaintiff's motion to withdraw lawsuit (Dkt. 54) be GRANTED and that this action be dismissed without prejudice. The magistrate judge further recommends in connection with dismissal that defendant St. Vincent's motion for judgment on the pleadings (Dkt. 38) and defendant Indiana Physician Management-Rush, LLC's ("IPM") motion for judgment on the pleadings (Dkt. 45) be DENIED AS MOOT. The magistrate judge recommends that a sanction of $500.00 in favor of IPM and against Dr. Thomas be entered. Any objections to this Report and Recommendation must be filed in accordance with 28 U.S.C. ยง 636(b)(1) and Fed. R. Civ. P. 72(b). The failure to file objections within fourteen days after service will constitute a waiver of subsequent review absent a showing of good cause for that failure. The parties should not anticipate any extension of this deadline or any other related briefing deadlines ***SEE ORDER FOR ADDTITIONAL INFORMATION***. Signed by Magistrate Judge Debra McVicker Lynch on 2/16/2016.(DW)
April 13, 2016
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ORDER - ADOPTING REPORT AND RECOMMENDATIONS AND ENTERING JUDGMENT; The Court adopts the Magistrate Judge's Report and Recommendation.The Court OVERRULES Dr. Thomas's objection. The plaintiff's motion to withdraw lawsuit Dkt. 54 is GRANTED. The defendants' motions for judgment on the pleadings Dkts. 38 and 45 are DENIED AS MOOT. A sanction, and JUDGMENT, in the amount of $500 is HEREBY ENTERED against plaintiff James Thomas, M.D. and in favor of defendant Indiana Physician Management-Rush, LLC. This resolves the outstanding fees and sanctions issues addressed in Dkts. 53 and 55. The plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by Judge Sarah Evans Barker on 4/13/2016. copy mailed.(CKM)