Jemsek v. North Carolina Medical Board et al

Filing 86

JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the Eleventh Amendment bars Jemsek's claims against the NCMB and Boardmember defendants in their official capacities, and Jemsek lacks standing to pursue his individual capacity claims against the current Board members and his individual-capacity and official-capacity claims against the former Board members. Alternatively, Jemsek fails to state a claim upon which relief can be granted for violation of the Sherman Act. Accordingly, the court GRANTS defendants' motion to dismiss [D.E. 68]. Signed by Julie Richards Johnston, Clerk of Court on 2/21/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
JOSEPH JEMSEK, M.D.,
Plaintiff,
V.
NORTH CAROLINA MEDICAL BOARD;
JANELLE R. RHYNE, M.D., individually
and in her official capacity as past member
of the Board; ROBERT MOFFATT M.D.,
individually and in his official capacity as
past member of the Board; H. ARTHUR
MCCULLOCH M.D., individually and in
his official capacity as past member of the
Board; ALOISIUS P. WALSH,
individually and in his official capacity as
past member of the Board; E.K.
FRETWEEL, PH.D., individually and in
his official capacity as past member of the
Board; MICHAEL E. NORINS, M.D.,
individually and in his official capacity
as past member of the Board; GEORGE L.
SAUNDERS III, M.D., individually and in
his official capacity as past member of the
Board; SARVARESH SATHIRAJU M.D.,
individually and in his official capacity as
past member of the Board; DICKY S.
WALIA, individually and in his official
capacity as past member of the Board;
RALPH LOOMIS, M.D. individually and
in his official capacity as past member of
the Board; DON JABLONSKI M.D.
individually and in his official capacity as
past member of the Board; CHERYL
WALKER-MCGILL, MD; individually and
in her official capacity as a member of the
Board; PASCAL UDEKWU, MD,
individually and in his official capacity as a
member of the Board; HELEN DIANE
MEELHEIM, FNP-BC, individually and in
her official capacity as a member of the
Board; SUBHASH C. GUMBER, MD,

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JUDGMENT IN A CIVIL CASE
CASE NO. 5:16-cv-59-D

PHD, individually and in his official
capacity as a member of the Board;
TIMOTHY E. LIETZ, MD, individually
and in his official capacity as a member of
the Board; DEBRA A. Bolick, MD,
individually and in her official capacity as
a member of the Board; ELEANOR E.
GREENE, MD individually and in her
official capacity as a member of the Board;
BARBARA E. WALKER, DO,
individually and in her official capacity as
a member of the Board; A. WAYNE
HOLLOMAN, Public Member
individually and in her official capacity
as a member of the Board; MICHAEL J.
ARNOLD, MBA individually and in his
official capacity as member of the Board;
BRYANT A. MURPHY, M.D., MBA,
individually and in his official capacity as
member of the Board; RALPH A.
WALKER LLB, JD, individually and in his
official capacity as member of the Board.
Defendants.

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Decision by Court.
This action came before this Court for ruling as follows.
IT IS ORDERED, ADJUDGED, AND DECREED that the Eleventh Amendment bars Jemsek's
claims against the NCMB and Boardmember defendants in their official capacities, and Jemsek lacks
standing to pursue his individual capacity claims against the current Board members and his
individual-capacity and official-capacity claims against the former Board members. Alternatively,
Jemsek fails to state a claim upon which relief can be granted for violation of the Sherman Act.
Accordingly, the court GRANTS defendants' motion to dismiss [D.E. 68].
This Judgment Filed and Entered on February 21, 2017, and Copies To:
Jacques G. Simon

(via CM/ECF electronic notification)

Robert A. Meynardie

(via CM/ECF electronic notification)

Matthew W. Sawchak

(via CM/ECF electronic notification)

Stephen D. Feldman

(via CM/ECF electronic notification)

Steven A. Scoggan

(via CM/ECF electronic notification)

Andrew H. Erteschik

(via CM/ECF electronic notification)

John Michael Durnovich

(via CM/ECF electronic notification)

DATE:

JULIE RICHARDS JOHNSTON, CLERK

February 21, 2017

(By) /s/ Nicole Briggeman
Deputy Clerk