United States Of America et al v. Genesis Vascular of Pooler, LLC et al

Filing 224

ORDERED that the Court dismisses Brian Moogerfield without prejudice, and DIRECTS the Clerk of Court to update the docket accordingly. Signed by District Judge R. Stan Baker on 9/12/23. (loh)

Case 4:18-cv-00128-RSB-CLR Document 224 Filed 06/12/23 Page 1 of 2

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

UNITED STATES OF AMERICA, ex rel. E.
JERRY COHN, JR., M.D. and SHARON
BELL; and STATE OF GEORGIA, ex rel. E.
JERRY COHN, JR., M.D. and SHARON
BELL,
Plaintiffs,

CIVIL ACTION NO.: 4:18-cv-128

v.
GENESIS GLOBAL HEALTHCARE, et al.,
Defendants.

ORDER
When Plaintiffs filed their original Complaint initiating this action, they named Brian
Moogerfield as a Defendant and asserted claims against him. 1 (Doc. 3.) Plaintiffs have since made
multiple amendments to their Complaint and appeared, through those amendments, to have
abandoned their claims against Moogerfield. (See docs. 32, 131.) In a May 25, 2023, Order, the
Court directed Plaintiffs to clarify the status of the claims against Moogerfield. (Doc. 213, p. 2.)
Plaintiffs have since made a filing stating that they “are not pursuing any claims against Brian
Moogerfield and he is no longer a Defendant in this action.” (Doc. 214.) Accordingly, the Court
exercises its discretion pursuant to Federal Rule of Civil Procedure 21, and DISMISSES Brian

1

Moogerfield has never appeared in this case, much less filed an answer or a motion for summary
judgment.

Case 4:18-cv-00128-RSB-CLR Document 224 Filed 06/12/23 Page 2 of 2

Moogerfield without prejudice, and DIRECTS the Clerk of Court to update the docket
accordingly.
SO ORDERED, this 12th day of June, 2023.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

2