Wood et al v. North Mississippi Medical Center, Inc. et al

Filing 217

ORDER denying without prejudice 114 Motion to Dismiss; denying without prejudice 116 Motion for Partial Summary Judgment; denying without prejudice 128 Motion for Discovery. Signed by District Judge Taylor B. McNeel on 3/31/2023. (kb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION STANLEY WOOD and CHASTITY WOOD, Individually, and on Behalf of a Class of Similarly Situated Persons PLAINTIFFS v. CIVIL ACTION NO. 1:20-cv-42-TBM-RP NORTH MISSISSIPPI HEALTH SERVICES, INC. et al. DEFENDANTS ORDER This matter came before the Court on Alliance Collection Service, Inc.’s Motion to Dismiss, or in the alternative, Motion for Summary Judgment [114]; North Mississippi Clinics, LLC; North Mississippi Health Services; North Mississippi Medical Center, Inc.; and Tupelo Service Finance’s (collectively the “Hospital Defendants”) Motion for Partial Summary Judgment [116]; and Stanley and Chastity Wood’s Motion for Discovery [128]. At the hearing conducted in this matter on March 30, 2023, the Court, having considered the pleadings, the record, and the relevant legal authority, announced on the record its findings and conclusions concerning each motion ruled upon. IT IS THEREFORE, ORDERED AND ADJUDGED that Alliance Collection Service, Inc.’s Motion to Dismiss, or in the alternative, Motion for Summary Judgment [114] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the “Hospital Defendants” Motion for Partial Summary Judgment [116] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Stanley and Chastity Wood’s Motion for Discovery [128] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Hospital Defendants must refile any motions for summary judgment related to statutory interpretation and ERISA preemption within 30 days of receiving the hearing transcript. IT IS FURTHER ORDERED that Alliance Collection Service, Inc. must refile any motion for summary judgment within 30 days of receiving the hearing transcript. SO ORDERED, this the 31st day of March, 2023. TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE 2

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