ENOBAKHARE et al v. ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL et al

Filing 42

MEMORANDUM ORDER that Plaintiffs' Motions to Vacate Order of Dismissal and to Restore (ECF 28 and 30 ) are dismissed as moot. Defendant Robert Wood Johnson University Hospital's 36 Cross-Motion for Summary Judgment is granted. Plaintiffs' claims against Defendant Robert Wood Johnson University Hospital are dismissed, but Plaintiffs' claims against the remaining defendants contained in the Amended Complaint remain. Signed by Judge Anne E. Thompson on 5/23/2017. (mps)

RECE1veo
NOT FOR PUBLICATION

MAY 2 3 2017

UNITED STATES DISTRICT COUR'l\r 8:3o
DISTRICT OF NEW JERSEY
WtL~M
CLERK

HELEN ENOBAKHARE and WILLIAM
ENOBAKHARE,
Administrators ad Prosequendum,
Civ. No. 16-1457
Plaintiffs,

MEMORANDUM ORDER

v.
ROBERT WOOD JOHNSON UNIVERSITY
HOSPITAL, JOHN DOES 1-10
(FICTITIOUS NAMES REPRESENTING
UNKNOWN INDIVIDUALS), JANE DOES
1-10 FICTICIOUS NAMES
REPRESENTING UNKNOWN
INDNIDUALS), ABC CORPORATION
(FICTITIOUS NAMES REPRESENTING
UNKNOWN ENTITIES), THE YELLOW
CAB COMPANY AND ADAM TYUS,
Defendants.
THOMPSON, U.S.D.J.
This matter having come before the Court on Plaintiffs' Motions to Vacate Order of
Dismissal and to Restore (ECF Nos. 28, 30) and Defendant Robert Wood Johnson University
Hospital's Cross-Motion for Summary Judgment (ECF No. 36); and for the reasons stated on the
record on May 22, 2017, as well as the reasons stated herein, and
IT APPEARING that the parties previously consented to the filing of an Amended
Complaint (ECF No. 32); and it further
APPEARING that Plaintiffs failed to provide Defendant Robert Wood Johnson
University Hospital with an affidavit of merit as required by N.J.S.A. 2A:53A-27, or a sworn
statement in lieu thereof, as required by N.J.S.A. 2A:53A-28; and it further

1

APPEARING that Plaintiffs' failure to provide an affidavit of merit or sworn statement in
lieu thereof constitutes a failure to state a cause of action under N.J.S.A. 2A:53A-29, which
should ordinarily result in a dismissal with prejudice unless a Plaintiff demonstrates substantial
compliance with the affidavit of merit obligations or extraordinary circumstances that prevented
compliance; 1 and it further
APPEARING that Plaintiffs have not substantially complied with the affidavit of merit
obligations, and extraordinary circumstances do not exist that could excuse Plaintiffs from
complying with New Jersey's Affidavit of Merit Statute; and there exist no genuine issues of
material fact and Defendant Robert Wood Johnson University Hospital is entitled to judgment as
a matter oflaw pursuant to Fed. R. Civ. P. 56;

IT IS, on this 23rd day of May, 2017,
ORDERED that Plaintiffs' Motions to Vacate Order of Dismissal and to Restore (ECF
Nos. 28, 30) are DISMISSED AS MOOT; and it is further
ORDERED that Defendant Robert Wood Johnson University Hospital's Cross-Motion
for Summary Judgment (ECF No. 36) is GRANTED; and it is further
ORDERED that Plaintiffs' claims against Defendant Robert Wood Johnson University
Hospital are DISMISSED, but Plaintiffs' claims against the remaining defendants contained in

the Amended Complaint remain.

Isl Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

1

Meehan v. Antonellis, 226 N.J. 216, 228-29 (2016); Cornblatt v. Barow, 153 N.J. 218, 246-47
(1998).
2