Hedglin v. Cottonwood Healthcare, L.L.C. et al

Filing 44

ORDER - The Joint Stipulation of Dismissal Without Prejudice Concerning Defendant Sidney Care & Rehabilitation, L.L.C. (filing 42 ) is approved. Sidney Care & Rehabilitation is dismissed as a party. Pursuant to the plaintiff's Dismissal of Rema ining Defendant Cottonwood Healthcare, L.L.C. Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (filing 43 ), Cottonwood Healthcare is dismissed as a party. This case is closed. A separate judgment will be entered. Ordered by Chief Judge John M. Gerrard. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LISA HEDGLIN,
Plaintiff,

8:18-CV-239

vs.
ORDER
COTTONWOOD HEALTHCARE,
LLC., A Nebraska Limited Liability
Company, et al.,
Defendants.
IT IS ORDERED:
1.

The Joint Stipulation of Dismissal Without Prejudice
Concerning Defendant Sidney Care & Rehabilitation, L.L.C.
(filing 42) is approved.

2.

Sidney Care & Rehabilitation is dismissed as a party.1

3.

Pursuant
Defendant

1

to

the

plaintiff's

Cottonwood

Dismissal

Healthcare,

of

L.L.C.

Remaining
Without

The Court is not precluded from dismissing Sidney Care & Rehabilitation by its

receivership, because its dismissal from this action does not "interfere with the functioning
of the health care facility" within the meaning of Neb. Rev. Stat. § 71-2086(3). Cf. Dennis v.
A.H. Robins Co., Inc., 860 F.2d 871, 872 (8th Cir. 1988); cf. also O'Donnell v. Vencor Inc., 466
F.3d 1104, 1110-11 (9th Cir. 2006).

Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (filing 43),
Cottonwood Healthcare is dismissed as a party.
4.

This case is closed.

5.

A separate judgment will be entered.

Dated this 12th day of February, 2019.
BY THE COURT:

John M. Gerrard
Chief United States District Judge

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