Franco v. HCA, Inc.

Filing 24

ORDER Granting 22 Stipulation of Dismissal without prejudice. Signed by Judge Jennifer A. Dorsey on 9/5/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01088-JAD-VCF Document 22 Filed 09/01/17 Page 1 of 2

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LIANE S. BINOWITZ, ESQ.
Nevada Bar No. 7482
GORDON REES SCULLY MANSUKHANI LLP
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant

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UNITED STATES DISTRICT COURT
DISTRICT COURT OF NEVADA

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KYLE P. FRANCO,

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) CASE NO.:
Plaintiff,

) 2:17-cv-01088-JAD-VCF

vs.

)

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)
HCA INC., a Domestic Limited Liability Company, )
d/b/a SUNRISE HOSPITAL AND MEDICAL
)
CENTER; DOES I through X, inclusive; ROE
CORPORATIONS I through X, inclusive,
)
Defendants.
)

STIPULATION OF
DISMISSAL
WITHOUT PREJUDICE OF
DEFENDANT HCA INC.

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), LR II 7-1, and LR IA
6-2 Plaintiff Kyle P. Franco (“Franco” or “Plaintiff”) and Defendant HCA Inc. (“HCA”
or “Defendant”) (collectively, the “Parties”), by and through their undersigned counsel,
agree and stipulate to dismiss without prejudice Defendant HCA Inc. from this action, as
set forth below.
HCA Inc. represents that it does not do business as Sunrise Hospital and Medical
Center, and that HCA Inc. never employed Plaintiff, and is therefore not an appropriate
party to this action, but that Sunrise Hospital and Medical Center, LLC did employ
Plaintiff and is the proper party to this action.

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Accordingly, Plaintiff has filed an

Case 2:17-cv-01088-JAD-VCF Document 22 Filed 09/01/17 Page 2 of 2

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Amended Complaint against Sunrise Hospital and Medical Center, LLC (ECF No. 18), to

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correct the caption of this case and substitute Sunrise Hospital and Medical Center, LLC

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as Defendant in the stead of HCA Inc., pursuant to FRCP 15(c)(1)(C).

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NOW THEREFORE, the Parties stipulate and agree that, pursuant to Fed. R. Civ.

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P. 41(a)(1)(A)(ii), all causes of action against HCA Inc. are hereby dismissed WITHOUT

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PREJUDICE, with each party to bear its own respective attorneys’ fees and costs. The

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undersigned counsel for Defendant accepts service of process of the Amended Complaint

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against Sunrise Hospital and Medical Center LLC as of the date of stipulation and will

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file a responsive pleading to the Amended Complaint pursuant to Fed. R. Civ. P.

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15(a)(3).
Respectfully submitted this 1st day of September 2017.

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HATFIELD & ASSOCIATES, LTD.

GORDON & REES, LLP

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/s/ Trevor J. Hatfield
Trevor J. Hatfield
Nevada Bar No. 7373
703 South Eighth Street
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff

/s/ Chad A. Shultz
Chad A. Shultz (Admitted Pro Hac Vice)
Georgia Bar No. 64444
The Pinnacle Building
3455 Peachtree Road, NE, Suite 1500
Atlanta, Georgia 30326
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Liane S. Binowitz
Nevada Bar No. 7482
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant HCA Inc.

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1135712/34246073v.1

IT IS SO ORDERED
__________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
Dated: September 5, 2017.
DATED: ___________________
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