United States Of America et al v. Meadows Regional Medical Center, Inc. et al
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
SOUTHERN DISTRICT OF GEORGIA
THE STATE OF GEORGIA,
PHIL FLEXON, M.D.,
Scott L. Poff, Clerk
United States District Court
By James Burrell at 11:40 am, Oct 19, 2017
MEADOWS REGIONAL MEDICAL CENTER, *
INC.; and WAYNE WILLIAMS, M.D.,
1 In response to Defendants'
first motion to dismiss,
moved for leave to amend the complaint.
attached a copy of a proposed first amended complaint to his motion to amend.
The Court granted Relator leave to amend and ordered him to
"file his Proposed First Amended Complaint on or before December 9, 2016."
Relator filed an amended complaint on December 9,
contained amendments not found in the proposed complaint that he
attached to his motion to amend.
Defendants moved to strike
Relator's amended complaint because Relator failed to follow the Court's
instructions about filing the proposed amended complaint.
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.
Because Defendants did not offer any reason justifying striking the
"second" amended complaint,
the Court denied Defendants'
(See Doc. 33, at 3 fn. 2.)
motion to strike,
Federal Rule of Civil
IS THEREFORE ORDERED that Count 3 of the amended complaint
is DISMISSED WITH PREJUDICE.
//^ day of
J. /RANMIL >HALL#/CHIEF JUDGI
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