Aubert et al v. Department of Veterans Affairs

Filing 27

ORDER AND REASONS denying 11 Motion for Partial Summary Judgment. Signed by Judge A. J. McNamara on 8/25/2010. (caa, )

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Aubert et al v. United States of America Doc. 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANIE J. AUBERT, ET AL VERSUS UNITED STATES OF AMERICA, ET AL * * * CIVIL ACTION NO: 09-3566 SECTION: "D"(1) ORDER AND REASONS Before the court is the Motion for Partial Summary Judgment (Doc. No. 11) filed by Plaintiffs, Janie J. Aubert, Rhett Aubert and Ryan Aubert. memorandum in Defendant, the United States of America, filed a The motion, set for hearing on opposition. Wednesday, August 25, 2010, is before the court on briefs, without oral argument. Now, having considered the memoranda of counsel, the record, and the applicable law, the court finds that there are genuine issues of material fact in the medical malpractice case, and Plaintiffs are not entitled to partial summary judgment as a matter of law.1 Accordingly; The court notes that in support of their motion, Plaintiffs have submitted the expert reports of Dr. Ira Gelb and Dr. Cyril Wecht, but Plaintiffs have failed to submit either doctor's affidavit or declaration that would render their opinion competent summary judgment evidence. However, even if these doctors' opinions had been offered as competent summary judgment evidence, there would still be genuine issues of material fact. 1 Dockets.Justia.com IT IS ORDERED that Plaintiffs' Motion for Partial Summary Judgment (Doc. No. 11) be and is hereby DENIED. New Orleans, Louisiana, this 25th day of August, 2010. ______________________________ A.J. McNAMARA UNITED STATES DISTRICT JUDGE 2

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