Etter et al v. Bibby et al

Filing 106

ORDER. ORDERED that Defendant DCMHD's Motion for Summary Judgment on Plaintiffs' second claim for relief is DENIED 76 . ORDERED that the parties shall appear before me for a Final Trial Preparation Conference at 2 p.m. on May 15, 2012. In anticipation of that conference, the parties shall meet, confer, and submit a Proposed Pretrial Order no later than May 11, 2012 before Judge John L. Kane by Judge John L. Kane on 04/27/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane

Civil Action No. 10-cv-00557-JLK
JOHANNA ETTER and ARTHUR ETTER,
Plaintiffs,
v.
CHARLES KING BIBBY, JR., M.D.,
TIMOTHY CARTER MEILNER, M.D., and
DELTA COUNTY MEMORIAL HOSPITAL DISTRICT,
Defendants.

ORDER
Kane, J.
This matter is currently before me on Defendant Delta County Memorial Hospital
District’s (“DCMHD”) Motion for Summary Judgment on Plaintiffs’ second claim for relief.1
Having reviewed DCMHD’s motion, Plaintiffs’ response, the attendant reply, as well as the
authorities and evidence presented by the parties, it is apparent that there exist genuine issues of
material fact that are not appropriate for summary resolution.
Accordingly, it is ORDERED that Defendant DCMHD’s Motion for Summary Judgment

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In an earlier order, I granted Defendant DCMHD summary judgment on Plaintiffs’
third claim for relief. Although I initially declined to exercise jurisdiction over Plaintiffs’ second
claim for relief, upon Plaintiffs’ motion I determined exercise of supplemental jurisdiction over
that and Plaintiffs’ other state law claims to be proper.
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on Plaintiffs’ second claim for relief is DENIED.
It is further ORDERED that the parties shall appear before me for a Final Trial
Preparation Conference at 2 p.m. on May 15, 2012. In anticipation of that conference, the
parties shall meet, confer, and submit a Proposed Pretrial Order no later than May 11, 2012.

Dated: April 27, 2012

BY THE COURT:
s/John L. Kane
Senior U.S. District Court Judge

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