Rice et al v. Cornerstone Hospital of West Monroe L L C

Filing 24

ORDER adopting 22 Report and Recommendations. Granting in part and denying in part 8 Motion to Dismiss. To the extent that Cornerstone moves for dismissal pursuant to Rule 12(b((6), the motion is GRANTED. Tommie Rice and Phyllis Rice are here by DISMISSED from this case. To the extent Cornerstone moves for dismissal pursuant to Rule (b)(7) for failure to join a party, the motion is DENIED. IT IS FURTHER ORDERED that the Clerk of Court serve, via certified mail, a copy of the petition, t he instant Report and Recommendation 22 , and the resulting order upon Candice Rousso, at 575 Pine Snag Road, Heber Springs, AR 72543. IT IS FURTHER ORDERED that Candice Rousso appear and join in this matter as Plaintiff (via existing counsel or co unsel of her own choosing), on behalf of the minors, CIR and GMR, no later than August 5, 2013. If within the same period, Candice Rousso declines to join in this matter, then she may show cause, in writing, why the Court should not appoint Tommie Rice, or some other qualified person, as next friend to prosecute this matter on behalf of the minors.. Signed by Judge Robert G James on 7/11/13. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
TOMMIE RICE AND PHYLLIS RICE
ON BEHALF OF THE MINORS, CIR
AND GMR

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CIVIL ACTION NO. 13-0362

VERSUS

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JUDGE ROBERT G. JAMES

CORNERSTONE HOSPITAL OF
WEST MONROE

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MAG. JUDGE KAREN L. HAYES

ORDER
The Report and Recommendation of the Magistrate Judge having been considered,
together with the written objections thereto filed with this Court, and, after a de novo review of
the record, finding that the Magistrate Judge’s Report and Recommendation is correct,
IT IS ORDERED that Defendant Cornerstone Hospital of West Monroe’s
(“Cornerstone”) converted “Motion to Dismiss Under F.R.C.P.12(b)” [Doc. No. 8], is
GRANTED IN PART and DENIED IN PART. To the extent that Cornerstone moves for
dismissal pursuant to Rule 12(b)(6), the motion is GRANTED, and Tommie Rice and Phyllis
Rice are hereby DISMISSED from the case. To the extent that Cornerstone moves for dismissal
pursuant to Rule 12(b)(7) for failure to join a party, the motion is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court serve, via certified mail, a copy of
the petition, the instant Report and Recommendation [Doc. No. 22], and the resulting order upon
Candice Rousso, at 575 Pine Snag Road, Heber Springs, AR 72543.
IT IS FURTHER ORDERED that Candice Rousso appear and join in this matter as
Plaintiff (via existing counsel or counsel of her own choosing), on behalf of the minors, CIR and
GMR, no later than August 5, 2013. If, within the same period, Candice Rousso declines to join

in this matter, then she may show cause, in writing, why the Court should not appoint Tommie
Rice, or some other qualified person, as next friend to prosecute this matter on behalf of the
minors.
MONROE, LOUISIANA, this 11th day of July, 2013.

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