Willis v. United States of America

Filing 235

ORDER finding the 234 Stipulation of Dismissal deficient; nevertheless, the stipulation is construed as a motion and finds the dismissal terms proper and grants Plaintiffs' Motion. All Augusta Defendants are dismissed with prejudice. The United States remains a defendant in this action. Signed by Chief Judge J. Randal Hall on 02/21/2020. (jlh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

SHERECIA WILLIS, Individually,
and C.W., a Minor Child, by
and Through James S. Murray,

*
*
*

Guardian Ad Litem,

*
*

Plaintiffs,
CV 117-015

V.

UNITED STATES OF AMERICA;

VENKATESAN GORANTLA, M.D.;

AUGUSTA HOSPITAL, LLC d/b/a
TRINITY HOSPITAL OF AUGUSTA;
and AUGUSTA PHYSICIAN

SERVICES, LLC,
Defendants.

ORDER

Before the Court is Plaintiffs' Stipulation of Dismissal of
Defendants

Venkatesan

Gorantla,

Augusta

Hospital,

and

Physician Services (''Augusta Defendants") with prejudice.
234.)

Augusta

(Doc.

On January 29, 2020, the Court approved the settlement

agreement between Plaintiffs and Augusta Defendants.
231.)

Augusta

(Order, Doc.

Because the settlement resolved Plaintiffs' claims against

Defendants,

the

Court

directed

"all

parties

having

appeared" to file "a stipulation pursuant to Federal Rule of Civil
Procedure 41 dismissing [Augusta

Defendants]."

(Id. at 2-3.)

Plaintiffs failed to acquire the signatures of "all parties who

have appeared" as required by Rule 41(a)(1)(A)(ii).

As such, the

Court finds the stipulation deficient.

Nevertheless, the Court construes the stipulation as a motion

pursuant to Rule 41(a)(2), finds the dismissal terms proper, and
GRANTS Plaintiffs' motion (Doc. 234).

IT IS THEREFORE ORDERED

that Defendants Venkatesan Gorantla, M.D.; Augusta Hospital, LLC

d/b/a Trinity Hospital of Augusta; and Augusta Physician Services,
LLC

are

DISMISSED

WITH

PREJXH5ICE.

The

Clerk

is

directed

to

TERMINATE all motions and deadlines related to Augusta Defendants.
Defendant United States remains a defendant in this action.

ORDER ENTERED at Augusta, Georgia, this

of February,

2020.

CH/EF JUDGE

UNITED ^ATES DISTRICT COURT

SOUTHE^ DISTRICT OF GEORGIA