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).
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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