Brown et al v. Providence Medical Center, et al

Filing 77

ORDER - The unopposed Motion to Dismiss Providence Medical Center (Only) (Filing No. 72 ) is granted. All claims for relief stated in the Plaintiffs' Complaint against Defendant Providence Medical Center (Wayne, Nebraska), are dismissed with prejudice. To the extent not otherwise agreed upon by the parties, the affected parties will bear their own costs and attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFF BROWN and SHERRI GOTHIER,
Individually and as Co-Special
Administrators of the Estate of KB,
Deceased,

CASE NO. 8:12CV31

Plaintiffs,
vs.

ORDER

PROVIDENCE MEDICAL CENTER,
(Wayne, Nebraska), MERCY MEDICAL
SERVICES, MERCY HEALTH SERVICES
– Iowa Corp., and MERCY MEDICAL
CENTER – Sioux City,
Defendants.

This matter is before the Court on the Plaintiffs’ unopposed Motion to Dismiss
Providence Medical Center (Only) (Filing No. 72).

The Plaintiffs seek an order

dismissing only Defendant Providence Medical Center from this action because all
claims asserted against Providence Medical Center have been settled through
mediation and Providence Medical Center has been released from any and all liability.
Plaintiffs state that they “have reserved and preserved any and all claims they might
have against any other parties, including the other Defendants herein.” (Id.) Under
Federal Rule of Civil Procedure 41(a)(2), the Court finds that the motion should be
granted, and the claims asserted against Providence Medical Center should be
dismissed, with prejudice. Accordingly,
IT IS ORDERED:
1.

The unopposed Motion to Dismiss Providence Medical Center (Only)

(Filing No. 72) is granted;

2.

All claims for relief stated in the Plaintiffs’ Complaint against Defendant

Providence Medical Center (Wayne, Nebraska), are dismissed with prejudice; and
3.

To the extent not otherwise agreed upon by the parties, the affected

parties will bear their own costs and attorney’s fees.

Dated this 5th day of February, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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