Basanti v. Metcalf et al

Filing 25

ORDER granting 23 The Stipulated Motion to Dismiss EMTALA Claims as Alleged against Dr. Metcalf with Prejudice, by Judge William J. Martinez on 1/3/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-02765-WJM-MJW
DALIP BASANTI,
Plaintiff,
v.
JEFFREY METCALF, M.D.,
JASON ROZESKI, M.D., and
PLATTE VALLEY MEDICAL CENTER,
Defendants.
_____________________________________________________________________
ORDER GRANTING STIPULATED MOTION TO DISMISS EMTALA CLAIMS
_____________________________________________________________________
This matter is before the Court on Plaintiff Dalip Basanti’s and Defendant Jeffrey
Metcalf, M.D.’s Stipulated Motion to Dismiss EMTALA claims as Alleged Against Dr.
Metcalf, filed December 30, 2011 (ECF No. 23). The Court being fully advised hereby
ORDERS as follows:
The Stipulated Motion to Dismiss EMTALA Claims as Alleged against Dr. Metcalf
is GRANTED. The Court ORDERS that any and all claims against Dr. Metcalf
concerning the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. §
1395dd (“EMTALA”), including paragraph 228(f), in its entirety, of Plaintiff’s Complaint,
and the EMTALA reference contained in paragraph 228(g) of Plaintiff’s Complaint are
DISMISSED WITH PREJUDICE.

Dated this 3rd day of January, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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