Ratcliff v. MedSouth Record Management, LLC

Filing 80

ORDER vacating 79 Order on Motion for Leave to Amend Counter Claim. FURTHER ORDER denying 77 MOTION for Leave to Amend Counter Claim. Signed by Judge Martin L.C. Feldman on 3/20/2012. (tsf)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SUSAN RATCLIFF, individually
and as representative of a class

CIVIL ACTION

VERSUS

NO. 08-718

MEDSOUTH RECORD MANAGEMENT, LLC

SECTION “F”

ORDER
This Court entered a Judgment in favor of MedSouth Record
Management, LLC on October 7, 2011, following this Court’s grant of
summary judgment on October 5, 2011, in which the Court dismissed
the plaintiff’s claims with prejudice.
MedSouth

now

seeks

to

revive

its

counterclaims

that

it

voluntarily dismissed on March 13, 2009, allegedly due to events
that have arisen since this Court entered its Judgment.
IT IS ORDERED: that this Court’s Order dated March 19, 2012 is
hereby VACATED.1
IT IS FURTHER ORDERED: that the defendants’ motion for leave
to file amended counterclaim in this closed matter is hereby

1

The Court intended to deny the request, which is not only
unsupported but stale; however, when the Order was being
electronically processed by chambers staff, the Court
inadvertently failed to apply the electronic indication that the
motion should be “DENIED”.
1

DENIED.2
New Orleans, Louisiana, March 20, 2012.
______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

2

The defendants have failed to demonstrate why this Court
should reopen this closed matter to permit amendment to pleadings
that were voluntarily dismissed on March 13, 2009.
2