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06-2475 - Role v. John Hopkins Bayview Medical Center et al


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06-2475 - Role v. John Hopkins Bayview Medical Center et al
October 10, 2007
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REPORT AND RECOMMENDATION: It is respectfully recommended that Johns Hopkins's motion to dismiss and the Fund's motion for summary judgment should be granted and plaintiff's complaint should be dismissed. The Court should decline to exercise supplemental jurisdiction over plaintiff's state law claims. It is further recommended that the Court should certify pursuant to 28 U.S.C. sec. 1915(a)(3) that any appeal from a judgment entered herein would not be taken in good faith for the purpose of denying plaintiff in forma pauperis status on appeal. So Ordered. (Ordered by Judge Lois Bloom, on 10/9/2007) C/M. Objections to R&R due by 10/24/2007. (Latka-Mucha, Wieslawa)
February 15, 2008
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ORDER Adopting in part and Modifying in part Report and Recommendations GRANTING 19 Motion to Dismiss AND GRANTING granting 59 Motion for Summary Judgment --- The court referred various motions to United States Magistrate Judge Lois Bloom for a report and recommendation. Judge Bloom issued a Report and Recommendation dated October 9, 2007 ("Recommendation") recommending that the court grant defendant Johns Hopkins' motion to dismiss and defendant Fund's motion for summary judgment and deny the Fund's motion to dismiss the instant action due to plaintiff's repeated failures to comply with court orders as moot upon granting the motion for summary judgment. Plaintiff filed timely objections to the Recommendation on October 24, 2007. Defendants did not file a response to Plaintiff's objections. For the reasons set forth in the ATTACHED WRITTEN ORDER ADOPTING REPORT AND RECOMMENDATION, the court adopts the Recommendation in part and modifies it only to the extent that this court considers, and rejects, Plaintiff's breach of fiduciary duty claim against Johns Hopkins. Accordingly, Johns Hopkins' motion to dismiss, and the Fund's motion for summary judgment are both GRANTED in their entirety. As Judge Bloom noted in her Recommendation, because the Fund's summary judgment motion is granted, the Fund's motion to dismiss due to plaintiff's repeated failures to comply with court orders is DENIED as moot. A copy of this Electronic Order and the ATTACHED WRITTEN ORDER shall be mailed to pro se plaintiff by the Clerk of the Court. The Clerk of the Court is further Ordered to close the file maintained in this matter. SO ORDERED by Judge Dora Lizette Irizarry on 02/15/08. (Irizarry, Dora)