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)

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.]

§

(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