Garner et al v. United States Of America et al

Filing 37

ORDER finding as moot 10 Motion to Dismiss; granting 36 Motion to Vacate and Amend; granting 36 Motion for Extension of Time. Further, the discovery stay imposed in 32 Order is vacated in part and the temporary stay imposed in 35 Orde r is vacated. Plaintiffs shall file response to Defendant AUMC's motion for summary judgment on or before 5/4/2018. The 24 scheduling order previously entered is amended as follows: Expert Witness Report by Defendants due 2/21/2018, Close of Discovery is 5/3/2018, and Motions deadline is 6/4/2018. Signed by Chief Judge J. Randal Hall on 2/7/2018. (pts) Modified on 2/7/2018 (pts).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION ROYCE GARNER; and * GLADYS GARNER, * * Plaintiffs, * * v. * UNITED STATES OF AMERICA; MCG HEALTH, INC. and 117-086 * n/k/a AU MEDICAL CENTER, CV * INC., * Defendants. * ORDER On July 25, 2017, Plaintiffs initiated this Defendants United States of America, University System of Georgia Medical Center, Inc. On 2017, August 24, dismiss. notice and (Doc. of Dr. found Zevallos. that directed case. (Doc. On the the employee ("BOR"), MCG Health, and On Dr. October dismissal Plaintiffs' to On notice remove 5, Plaintiffs 2017, prejudice November 1, dismissal and Dr. a (Doc. filed of BOR M.D. Zevallos without 18.) Inc. n/k/a AU 1.) motion filed regarding 2017, was the from a BOR Court proper Zevallos to and this 22.) November grounds BOR (Doc. Clerk the Board of Regents of the ("AUMC") , and Eric Zevallos, 10.) voluntary action against that of AUMC 21, Dr. 2017, AUMC Zevallos and that moved was for summary neither it was not an judgment agent otherwise nor on an vicariously liable for his actions or omissions. AUMC moved to resolution Plaintiffs stay of any its filed discovery summary their (Doc. 27.) against judgment responses to That same day, it pending order. Defendant the (Doc. AUMCs 28.) motion to stay discovery and motion for summary judgment on December 5 and 12, 2017, argue respectively. that discovery Plaintiffs to (Docs. against "raise a (Doc. O.C.G.A. ยง 30, at 51-2-5.1, 31.) Defendant reasonable, defense against Defendant ." 30, Therein, AUMC is Plaintiffs necessary palpable, and for meaningful [AUMCJ's Motion for Summary Judgment 5; see also Plaintiffs Doc. will 31, show at that 2 ("Pursuant Dr. Zevallos . to was an agent of AUMC because AUMC exercised a right of control over the time, manner, services. the 17, method discovery in which 2018, to the stay summary United States discovery judgment, do the deferred Zevallos not have showing.").) Magistrate pending but Dr. Plaintiffs information necessary to make this motion for Without or Judge the access of On January 22, 2018, motion to stay due undersigned motion on "the 56(d)(3) (Doc. 32.) the United States of America filed a to lapse of appropriations, granted that same day. AUMCs its issue of whether to allow limited discovery under Rule prior to a summary judgment ruling." to On January granted resolution to performed (Docs. 34, 35.) which the Court On February 5, 2018, Plaintiffs and the United States of America filed a joint motion to vacate stay and to amend scheduling order. (Doc. 36.) Therein, (i) Plaintiffs and the United States of America the stay imposed by the Court's Order dated January 22, 2018 (doc. 35) be vacated; and (ii) to amend the Scheduling previously entered in this matter on November 3, (Doc. 2017 due consideration, IT IS HEREBY (doc. ORDERED motion to dismiss filed by Defendants BOR and Dr. is DENIED AS MOOT. STAY Order 24). 36.) Upon 10) request: imposed Judge's with Order Zevallos the (doc. IT IS FURTHER ORDERED that the DISCOVERY respect dated that to January Defendant 17, 2018 AUMC by 32) (doc. the is Magistrate VACATED IN PART and Plaintiffs may seek discovery from Defendant AUMC with regard to employee the or limited agent of issues of whether Defendant AUMC Dr. Zevallos and whether is otherwise vicariously liable for the actions Dr. Zevallos. their IT IS substantive summary judgment ORDERED vacate that FURTHER response on or Plaintiffs and amend (doc. ORDERED to before and the 36) is that Defendant May 4, United GRANTED or omissions of AUMC's States' an Defendant AUMC Plaintiffs 2018. was IT SHALL file motion for IS FURTHER joint motion and the Court VACATES to the TEMPORARY STAY imposed in this matter by the Order dated January 22, 2018 Order (doc. (doc. 35) . previously 24) IT entered IS FURTHER ORDERED that the in this matter on Scheduling November 3, 2017 is AMENDED as follows: LAST DAY TO FURNISH EXPERT WITNESS WITNESS REPORT BY DEFENDANTS February 21, 2018 CLOSE LAST OF DAY DISCOVERY May 3, 2018 FOR June 4, FILING CIVIL MOTIONS INCLUDING DAUBERT MOTIONS, EXCLUDING MOTIONS but IN LIMINE All other deadlines or other requirements Scheduling Order herein shall ORDER February, not in conflict remain in full ENTERED 2018 at with the set forth in the amendments set forth force and effect. Augusta, Georgia day this 2018. J.^RANDpfL HALL,/'CHIEF JfJDGE united/states DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA of

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