Brennan v. United States of America et al

Filing 74

MEMORANDUM AND ORDER - Plaintiff Douglas Brennan's Motion for Leave to File Third Amended Complaint (Filing No. 72 ) is denied as moot. Plaintiff's Amended Motion for Leave to File Third Amended Complaint (Filing No. 73 ) is granted . Plaintiff shall file his new complaint by February 24, 2012. Defendant United States of America's Motion to Dismiss (Filing No. 56 ) is denied, without prejudice. The Court expresses no opinion on the merits of this Motion to Dismiss, and the United States is free to reassert the arguments raised therein, or any other arguments, in a subsequent motion. Ordered by Judge John M. Gerrard. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DOUGLAS BRENNAN, Personal
Representative of the ESTATE OF
DENNIS BRENNAN,
Plaintiff,
v.

8:11CV240
MEMORANDUM AND ORDER

UNITED STATES OF AMERICA,
CHHANDA
BEWTRA,
M.D.,
CREIGHTON UNIVERSITY, ALAN
RICHARDS,
M.D.,
NEBRASKA
METHODIST HEALTH SYSTEMS,
INC., d/b/a METHODIST HOSPITAL,
Defendants.
This matter is before the Court on the Plaintiff’s Motion for Leave to
File Third Amended Complaint (Filing No. 72) and Plaintiff’s Amended
Motion for Leave to File Third Amended Complaint (Filing No. 73).
Plaintiff’s Amended Motion (Filing No. 73) is not opposed by the Defendants,
and the Court will grant the motion.
The Motion to Dismiss filed by Defendant United States of America
(Filing No. 56) remains pending. To simplify matters, the Court will deny this
Motion to Dismiss as moot. The Court expresses no opinion on the merits of
this Motion to Dismiss, and the United States is free to reassert the
arguments raised therein, or any other arguments, in a subsequent motion.
Accordingly,
IT IS ORDERED:
1.

Plaintiff Douglas Brennan’s Motion for Leave to File Third
Amended Complaint (Filing No. 72) is denied as moot;

2.

Plaintiff’s Amended Motion for Leave to File Third Amended
Complaint (Filing No. 73) is granted. Plaintiff shall file his new
complaint by February 24, 2012; and

3.

Defendant United States of America’s Motion to Dismiss (Filing
No. 56) is denied, without prejudice.

DATED this 17th day of February, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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