Britt v. Merit Health Central et al

Filing 55

ORDER denying AS MOOT 40 Defendant's Second Motion for Summary Judgment. Defendant has since filed a Third Motion for Summary Judgment. Signed by District Judge Henry T. Wingate on 1/7/2022. (CGC)

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Case 3:19-cv-00090-HTW-LGI Document 55 Filed 01/10/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION RONALD H. BRITT, on behalf of all wrongful death beneficiaries of OPAL A. BRITT vs. PLAINTIFF CIVIL ACTION No.: 3:19-CV-90-HTW-LGI MERIT HEALTH CENTRAL et al DEFENDANTS ORDER BEFORE THIS COURT is the Motion of the Defendant Jackson HMA, LLC d/b/a Merit Health Central for Summary Judgment [Docket no. 40]. Defendants Merit Health Central and American Medical Response (“AMR”) filed motions for summary judgment in January 2021 [doc. nos. 27 and 29]. Because the parties had not engaged in a case management conference and discovery had not been completed, this court entered its Order [doc. no. 37] denying both motions without prejudice. After the case management conference was held on June 8, 2021, Defendant Merit Health Central filed a Second Motion for summary Judgment [doc. no. 40] on June 23, 2021. Plaintiff then filed a motion [doc. no. 43] to hold Merit Health Central’s motion in abeyance, since discovery was still not completed. Merit Health Central has now filed another (third) summary judgment motion [doc. no. 51], rendering moot the previous motion. IT IS, THEREFORE, ORDERED that defendant Merit Health Central’s Second Motion for Summary Judgment [Docket no. 40] is hereby denied as moot. SO ORDERED this the 7th day of January, 2022. HENRY T. WINGATE UNITED STATES DISTRICT COURT JUDGE 1

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