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.

§

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