Byers v. Centura Health Parker Adventist Hospital et al

Filing 33

ORDER granting 32 Motion for Determination of Question of Law by Chief Judge Wiley Y. Daniel on 10/09/09.(jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-02083-WYD-BNB CARMELIA BYERS, Plaintiff, v. CENTURA HEALTH PARKER ADVENTIST HOSPITAL; PORTERCARE ADVENTIST HEALTH SYSTEM, d/b/a PARKER ADVENTIST HOSPITAL, Defendants. ORDER THIS MATTER comes before the Court on Plaintiff's Unopposed Motion For Determination of Question of Law. The Court, having reviewed the pleadings, and being fully informed in the matter, ORDERS that Plaintiff's Unopposed Motion for Determination of Question of Law (Doc. # 32 filed September 16, 2009) is GRANTED. In accordance therewith, it is ORDERED that the proposed dismissals of Plaintiff's claims against the individual nurses will not bar her claims against Defendant Hospital, consistent with the parties' agreement attached to the motion as Exhibit 1. The proposed dismissal of the individual nurses by the Plaintiff shall be dealt with under the provisions of Fed. R. Civ. P. 41(a)(2) rather than Fed. R. Civ. P. 41(a)(1)(B). Dated: October 9, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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