Melvin v. The United States of America et al

Filing 111

ORDER - The court DENIES plaintiff's motion for clarification. To the extent plaintiff seeks permission to reassert claims against those dismissed parties from prior order, the court DENIES plaintiff's motion to join additional parties. Plaintiff's motion for extension is ALLOWED. Plaintiff has up to and until 1/22/18 to file amended complaint against defendant Guardian. Signed by District Judge Louise Wood Flanagan on 12/22/2017. (A copy of this order was sent via US mail to Pamela Melvin, 4949 Fieldcrest Drive, Fayetteville, NC 28303). (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:16-CV-73-FL

PAMELA MELVIN,
Plaintiff,
v.
GUARDIAN HART MEDICAL CARE,
Defendant.

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ORDER

This matter is before the court on plaintiff’s motion for clarification and motion for extension
of time to file amended complaint against defendant Guardian Hart Medical Care (“Guardian”). (DE
110). In this posture, the issues raised are ripe for ruling. For the following reasons, the court
denies plaintiff’s motion in part and grants plaintiff’s motion in part.
First, plaintiff seeks clarification of the court’s November 20, 2017, order. Specifically,
plaintiff seeks clarification as to whether or not the court’s order requires her to assert any state law
claims in her amended complaint against defendant Guardian. The court DENIES plaintiff’s motion
for clarification. The court’s order speaks for itself. Where the court engaged in sua sponte analysis
of plaintiff’s claims against defendant Guardian to determine whether plaintiff stated a claim upon
which default judgment may be entered, the court allows plaintiff to amend her complaint against
defendant Guardian for the purpose of curing deficiencies noted by the court in its September 29,
2017, order.
Second, plaintiff contends she should be allowed to add other parties as defendants in her
amended complaint against defendant Guardian. The court previously dismissed several individuals

and entities as parties to this action. Therefore, to the extent plaintiff seeks permission to reassert
claims against those dismissed parties, the court DENIES plaintiff’s motion to join additional
parties.
Lastly, plaintiff seeks extension of time to file amended complaint. Plaintiff’s motion for
extension of time is ALLOWED. Plaintiff is has up to and until to January 22, 2018, to file amended
complaint against defendant Guardian.
SO ORDERED, this the 22nd day of December, 2017.

_____________________________
LOUISE W. FLANAGAN
United States District Judge