Carradine et al v. Iasis Glenwood Regional Medical Center et al

Filing 42

JUDGMENT adopting 36 Report and Recommendation of the Magistrate Judge, granting 17 Motion to Dismiss for Failure to State a Claim without prejudice, and denying as moot 27 Motion to Substitute Party and for Hearing. Iasis Glenwood Regional Medical Center terminated. Signed by Judge Robert G James on 8/1/14. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION KEEGAN CARRADINE, ET AL. CIVIL ACTION NO. 14-0391 VERSUS JUDGE ROBERT G. JAMES IASIS GLENWOOD REGIONAL MEDICAL CENTER MAG. JUDGE JAMES D. KIRK JUDGMENT The Report and Recommendation [Doc. No. 36] of the Magistrate Judge having been considered, together with the written objections and responses 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, ADJUDGED, AND DECREED that Defendant’s Motion to Dismiss [Doc. No. 17] is GRANTED, and Plaintiffs’ claims and demands against Defendant are DISMISSED WITHOUT PREJUDICE to their right to re-file the malpractice, survivor, and wrongful death claims after proceedings pursuant to the Louisiana Medical Malpractice Act are completed. IT IS FURTHER ORDERED that Plaintiffs’ Motion for Substitution [Doc. No. 27] is DENIED AS MOOT. Monroe, Louisiana, this 1st day of August, 2014.

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