Ramos et al v. Conway et al

Filing 63

MEMORANDUM RULING: Considering the foregoing, IT IS ORDERED that this Court declines to adopt the recommendation of the magistrate judge with respect to the "Motion to Dismiss All Claims and for Contempt, Sanctions and Attorney's Fees [Doc . 40], but rather, REMANDS the motion to the magistrate judge for further consideration, including a determination of whether the medical records in question were falsified by any party, if possible. On remand, the magistrate judge is asked to addre ss the issue of dismissal and/or contempt vis-a-vis each plaintiff, as described in this Ruling. IT IS FURTHER ORDERED that the "Motion to Alter or Amend Judgment of Dismissal" [Doc. 54] is DENIED AS MOOT, and the Court's Order of Dism issal [Doc. 53] is VACATED pursuant to Rule 60(a). Ramirez's "Rule 41 Motion to Dismiss" is hereby REFERRED to the magistrate judge for report and recommendation in conjunction with the pending "Motion to Dismiss All Claims and for Contempt, Sanctions and Attorney's Fees" [Doc. 40]. Signed by Judge Rebecca F Doherty on 6/10/2013. (crt,Putch, A) (Additional attachment(s) added on 6/12/2013: # 1 Notice of Manual Attachment-Sealed Exhibt A) (Putch, A)