Roudachevski v. All-American Care Centers Inc et al

Filing 47

ORDER granting pltf's 39 MOTION to Dismiss Claims Without Prejudice against Defendant Jerry Rhoads; Rhoads' 35 Motion to Dismiss is denied as moot; denying without prejudice 11 MOTION to Quash Subpoena Duces Tecum filed by All-American Care Centers Inc. Signed by Judge Susan Webber Wright on 10/17/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EVGUENI ROUDACHEVSKI, D.O.
Plaintiff
V.
ALL-AMERICAN CARE CENTERS,
INC. d/b/a ALL-AMERICAN CARE
OF LITTLE ROCK
Defendant

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NO: 4:11CV00230 SWW

ORDER
Before the Court is Plaintiff’s motion to voluntarily dismiss claims against Separate
Defendant Jerry Rhoads (docket entry #39). Defendants respond that they do not object to the
relief sought (docket entry #41).
IT IS THEREFORE ORDERED that Plaintiff’s unopposed motion to dismiss claims
against Separate Defendant Jerry Rhoads (docket entry #41) is GRANTED. Plaintiff’s claims
against Rhoads are DISMISSED WITHOUT PREJUDICE, and Rhoads is dismissed as a party to
this action.
IT IS FURTHER ORDERED that Separate Defendant Rhoads’ motion to dismiss (docket
entry #35) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Separate Defendant All-American Care Centers, Inc.’s

motion to quash (docket entry #11) is DENIED WITHOUT PREJUDICE.1
IT IS SO ORDERED THIS 17TH DAY OF OCTOBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Before the March 23, 2011 hearing on Plaintiff’s motion for a preliminary injunction,
Separate Defendant All-American Care Centers, Inc. (“All-American”) moved to quash
Plaintiff’s subpoena seeking production of medical records. In a status report dated April 27,
2011, All-American reported that the parties were attempting to agree on the terms of a
protective order. The Court is without information regarding the status of the discovery dispute,
and it appears that the matter is moot. The Court therefore denies the motion to quash without
prejudice.
2