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17-312 - Lee et al v. Genesis Hospital et al


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17-312 - Lee et al v. Genesis Hospital et al
June 14, 2017
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ORDER granting 5 Defendant United States of America's Motion to Dismiss for Lack of Subject Matter Jurisdiction for failure to exhaust administrative remedies under the Federal Tort Claims Act. The United States, having previously substituted itself as defendant for the Muskingum Valley Health Centers, Inc., Carl Schowengerdt, M.D., and Roger D. Ward, Jr., D.O., also clarifies that its notice of substitution and Motion to Dismiss is not intended to cover any incidents involving Roger D. Ward, Jr., which are alleged to have occurred after 07/31/13. The Clerk is DIRECTED to reactivate Mr. Ward as a Defendant in this case and the United States is DISMISSED from the case. Signed by Chief Judge Edmund A. Sargus on 06/14/2017. (dh1)
July 31, 2017
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ORDER: This matter is before the Court upon Plaintiffs' Response to Show Cause 11 asserting that service to Defendants Dr. Guglielmi, Dr. Wallis, and Radiology Associates of SEO has been satisfied in the state court prior to the removal to federal court. Plaintiffs also assert they do not oppose dismissal of their complaint without prejudice for lack of jurisdiction for reasons set out in Defendant the United States' Motion to Dismiss for Lack of Subject-Matter Jurisdiction. The Court therefore dismisses without prejudice the Complaint in its entirety for lack of subject matter jurisdiction. Signed by Chief Judge Edmund A. Sargus on 07/31/2017. (dh1)
December 22, 2017
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ORDER granting 14 Plaintiffs' Motion to Correct Inadvertent Omission from the July 31, 2017 Order dismissing this action. The Clerk is directed to remand this case back to the Licking County Common Pleas Court for further proceedings as to the state court Defendants. Signed by Chief Judge Edmund A. Sargus on 12/22/2017. (dh1)