Sterling Bank v. Caesarea-Millbrook, LLC et al

Filing 99

ORDERED as follows: 1) The stay in this case is lifted; 2) Alkemi Management, LLC's 91 Motion to Dismiss Counterclaims is GRANTED and Alkemi Management, LLC is DISMISSED as a party to this action; 3) The case is DISMISSED as to Primary Physici ans, Inc. and C. Dennis Wooldrige without prejudice; 4) The case is DISMISSED with prejudice as to Donald P. Brobst and A. Chandler Muller; The case will proceed on claims of the Plfs (Doc. # 27 ) against Jackson Health, Inc. and Jackson Hospital & C linic, Inc.; the counterclaims of Jackson Health, Inc. for fraudulent misrepresentation, suppression, breach of fiduciary duty, negligence, wantonness, and unjust enrichment. (Doc. # 83 ) at p.14); and the counterclaim of Jackson Hospital & Clinic, Inc. for fraudulent inducement (Doc. # 83 at p.15). Signed by Honorable Judge W. Harold Albritton, III on 6/20/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOSEPH L. HERROD and, CAESAREADEVELOPMENT, LLP,
Plaintiffs/Counterclaim Defendants,

v.

JACKSON HEALTH, INC.,
DONALD P. BROBST, an individual;
C. DENNIS WOOLDRIGE, an individual;
A.CHANDLER MULLER, an individual;
JACKSON HOSPITAL & CLINIC, INC.;
PRIMARY PHYSICAINS, INC.,
Defendants/Counterclaimants,
Third Party Plaintiffs,
v.
ALKEMI MANAGEMENT, LLC,
Third-party Defendant.

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ORDER

Upon consideration of the Joint Status Report, this court entered an Order to show cause
as to any party why the stay in this case ought not be lifted, Alkemi Mangament LLC’s Motion
to Dismiss Counterclaims (Doc. #91) ought not be granted, and the case not be dismissed as to
Primary Physicians, Inc., C. Dennis Wooldrige, Donald P. Brobst, and A. Chandler Muller.
(Doc. #97). Only the Plaintiffs filed a response to this court’s Order to Show Cause. Based on
the Joint Status Report, the Plaintiffs’ response to the court’s Order, and the lack of any other

response to the court’s Show Cause Order, and for good cause shown, it is hereby ORDERED as
follows:
1. The stay in this case is lifted.
2. Alkemi Management, LLC’s Motion to Dismiss Counterclaims (Doc. #91) is GRANTED
and Alkemi Management, LLC is DISMISSED as a party to this action.
3. The case is DISMISSED as to Primary Physicians, Inc. and C. Dennis Wooldrige without
prejudice.
4. The case is DISMISSED with prejudice as to Donald P. Brobst and A. Chandler Muller.
The case will proceed on claims of the Plaintiffs (Doc. #27) against Jackson Health, Inc. and
Jackson Hospital & Clinic, Inc.; the counterclaims of Jackson Health, Inc. for fraudulent
misrepresentation, suppression, breach of fiduciary duty, negligence, wantonness, and unjust
enrichment. (Doc. #83) at p.14); and the counterclaim of Jackson Hospital & Clinic, Inc. for
fraudulent inducement (Doc. #83 at p.15).

Done this 20th day of June, 2016.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE