Estate of Dorothy Faye Lanham v. Springfield Nursing & Rehabilitation Center

Filing 86

MEMORANDUM OPINION AND ORDER Signed by Senior Judge Thomas B. Russell on 10/10/2017: Defendant's Motion to Strike 66 and Defendant's Motion for Summary Judgment 67 are both hereby DISMISSED AS MOOT. cc: Counsel (JBM)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:15-cv-00397-TBR ESTATE OF DOROTHY FAYE LANHAM PLAINTIFF v. SPRINGFIELD NURSING & REHABILITATION CENTER DEFENDANT MEMORANDUM OPINION AND ORDER This matter comes before the Court upon two motions filed by Defendant Springfield Nursing and Rehabilitation Center (“Defendant”). First, Defendant has filed a Motion to Strike Expert Witness Disclosure. [DN 66.] Second, Defendant has filed a Motion for Summary Judgment. [DN 67.] These motions are the result of revelations that the expert whose testimony Plaintiff had planned to rely on, Dr. Michael Langan, currently has a suspended medical license. However, before the Court had occasion to rule on the above motions, Plaintiff notified the Court and Defendant that Dr. Langan would no longer be relied upon as an expert, and Plaintiff has since filed a new expert witness disclosure. Due to this fact, Defendant’s Motion to Strike [DN 66] and Defendant’s Motion for Summary Judgment [DN 67] are both hereby DISMISSED AS MOOT. IT IS SO ORDERED. cc: Counsel of Record October 10, 2017 1

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