Knoth v. Keith et al

Filing 141

ORDER granting 128 Motion to Dismiss; granting 130 Motion to Sever. The Court has adopted the proposed order agreed to by all parties. The Court will sever jurisdiction over Plaintiff's case against SMRMC, and the Court will retain jurisd iction over Plaintiff's case against Apollo. Defendant SMRMC is dismissed without prejudice from this action for lack of subject matter jurisdiction. Signed by District Judge David C. Bramlette, III on 9/16/2020. (cp) Modified on 9/16/2020 (VM).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSPPI
WESTERN DIVISION
STEPHANIE S. KNOTH

PLAINTIFF

V.

CIVIL ACTION NO. 5:18-CV-49 DCB-MTP

APOLLO ENDOSURGERY US, INC., ET AL.
DEFENDANTS
______________________________________________________________________________
ORDER GRANTING (1) DEFENDANT
APOLLO ENDOSURGERY US, INC.’S MOTION TO SEVER, AND (2)
DEFENDANT SOUTHWEST MISSISSIPPI REGIONAL MEDICAL CENTER’S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
______________________________________________________________________________
Before the Court are two related motions: (1) Defendant Apollo Endosurgery US, Inc.’s
(“Apollo”) Motion to Sever [ECF No. 130], and (2) Defendant Southwest Mississippi Regional
Medical Center’s (“SMRMC”) Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF
No. 128] (collectively, the “Motions”). Plaintiff does not oppose either motion. After review,
the Court finds that the Motions are well taken and will be granted.
IT IS, THEREFORE, ORDERED that, pursuant to Fed. R. Civ. P. 21, the Court will
sever the action as to co-defendants Apollo and SMRMC, and the Court will retain jurisdiction
over Plaintiff’s case against Apollo through final judgment and appeal;
IT IS, THEREFORE, FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 12(b)(1),
Defendant SMRMC is dismissed without prejudice from this action for lack of subject matter
jurisdiction.
SO ORDERED AND ADJUDGED, this the 16th day of September, 2020.

_\S\ David Bramlette ___________
UNITED STATES DISTRCT COURT JUDGE

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Agreed to and submitted by:
/s/ David C. Dunbar_______
Counsel for Plaintiff Stephanie Knoth
/s/ R. Mark Hodges________
Counsel for Defendant Southwest Mississippi Regional Medical Center
/s/ Adam D. Porter________
Counsel for Defendant Apollo Endosurgery US, Inc.

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