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07-4712 - Utech v. Bynum et al


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07-4712 - Utech v. Bynum et al
December 17, 2008
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MEMORANDUM OPINION AND ORDER granting 35 Motion to Dismiss for Lack of Jurisdiction; granting 35 Motion for Partial Summary Judgment; granting in part and denying in part 41 Motion to Dismiss (Written Opinion). Defendant Johnson Schaeffers motion is GRANTED as to Plaintiffs EMTALA claim; Defendant Johnson Schaeffers motion is DENIED AS MOOT with respect to Plaintiffs other claims. The Complaint (Doc. No. 1) is DISMISSED as follows: Count 2 of the Complaint alleging violation of EMTALA is DISMISSED WITH PREJUDICE and summary judgment is GRANTED to SCMC regarding Count 2. Counts 1 and 3 of the Complaint are DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Donovan W. Frank on 12/17/08. (GMO)