United States Of America et al v. Meadows Regional Medical Center, Inc. et al

Filing 43

ORDER Dismissing Count 3 with Prejudice re 42 Stipulation of Dismissal filed by Phil Flexon. Signed by Chief Judge J. Randal Hall on 10/19/17. (jrb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION UNITED STATES OF AMERICA and ex rel, THE STATE OF GEORGIA, PHIL FLEXON, M.D., FILED Scott L. Poff, Clerk United States District Court * By James Burrell at 11:40 am, Oct 19, 2017 Plaintiff, CV v, 615-045 MEADOWS REGIONAL MEDICAL CENTER, * INC.; and WAYNE WILLIAMS, M.D., * * Defendants ORDER Before with the Court prejudice. agreement to complaint,1 U.S.C.] ยง (Doc. 3730(h)." is the parties' 42.) dismiss namely stipulation is with stipulation Therein, prejudice the Count "Retaliatory Discharge (Id.; signed by 1 In response to Defendants' Doc. all 24 parties 3 in dismissal state the in Violation (amended parties of of the first motion to dismiss, their amended of complaint).) case. The (Doc. Relator [31 42) Phil Flexon moved for leave to amend the complaint. (See Docs. 17, 19.) Relator attached a copy of a proposed first amended complaint to his motion to amend. (Doc. 19-1.) The Court granted Relator leave to amend and ordered him to "file his Proposed First Amended Complaint on or before December 9, 2016." (Doc. 23.) complaint Relator filed an amended complaint on December 9, 2016, but the contained amendments not found in the proposed complaint that he attached to his motion to amend. (See Doc. 24.) Defendants moved to strike Relator's amended complaint because Relator failed to follow the Court's instructions about filing the proposed amended complaint. (Doc. 25.) In response, Relator acknowledged that he further amended his complaint before he filed it and requested that the Court, to the extent necessary, treat his December 9, 2016 filing as a second motion for leave to amend. (See Doc. 28.) Because Defendants did not offer any reason justifying striking the "second" amended complaint, granted Relator's December complaint. 9 the Court denied Defendants' second motion complaint properly for leave filed (See Doc. 33, at 3 fn. 2.) and to amend, the motion to strike, and considered presently-active his amended Upon due consideration, appropriate under the Court finds Federal Rule of Civil that dismissal Procedure 41(a)(1). IS THEREFORE ORDERED that Count 3 of the amended complaint 24) is IT (doc. is DISMISSED WITH PREJUDICE. ORDER ENTERED October, at Augusta, Georgia, this //^ day of 2017. J. /RANMIL >HALL#/CHIEF JUDGI UNITED STATES SOUTHERN DISTRICT DISTRICT OF COURT GEORGIA

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