Hudson v. Volunteers of America of Carolinas et al

Filing 50

AMENDED JUDGMENT - in accordance with the courts order entered April 22, 2019, and for the reasons set forth more specifically therein, that defendants, VAC, VOANS and the Duke Hospital's motions to dismiss are GRANTED fo r lack of jurisdiction, failure to obtain service of process and failure to state a claim. IT IS FURTHER ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered May 24, 2019 where plaintiff failed to timely respond to the cour ts order to timely perfect service on defendant Southeastern Healthcare, the court dismisses plaintiff's remaining claims against defendant Southeastern Healthcare WITHOUT PREJUDICE. The court also modifies its prior order and dismisses plaintiff's claims against defendants VAC, VOANS and the Duke Hospital WITH PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 5/28/2019. (Collins, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
WANDA S. HUDSON
Plaintiff,

)
)
)
v.
)
)
)
VOLUNTEERS OF AMERICA OF
)
CAROLINAS, THE DUKE HOSPITAL,
)
VOLUNTEERS OF AMERICA
)
NATIONAL SERVICES SENIOR
)
COMMUNITY CARE OF NORTH
)
CAROLINA, and SOUTHEASTERN
)
HEALTHCARE OF NORTH CAROLINA )
Defendants.
)

AMENDED JUDGMENT
No. 5:18-CV-191-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, United States District Judge, for
consideration of defendants’ motions to dismiss for lack of subject matter jurisdiction, failure to
state claim, and insufficiency of process.
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s order entered
April 22, 2019, and for the reasons set forth more specifically therein, that defendants’, VAC,
VOANS and the Duke Hospital’s motions to dismiss are GRANTED for lack of jurisdiction,
failure to obtain service of process and failure to state a claim.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED in accordance with the court’s
order entered May 24, 2019 where plaintiff failed to timely respond to the court’s order to timely
perfect service on defendant Southeastern Healthcare, the court dismisses plaintiff’s remaining
claims against defendant Southeastern Healthcare WITHOUT PREJUDICE. The court also
modifies its prior order and dismisses plaintiff’s claims against defendants VAC, VOANS and
the Duke Hospital WITH PREJUDICE.

This Judgment Filed and Entered on May 28, 2019, and Copies To:
Wanda S. Hudson. (via US mail) P O Box 473, Morrisville, NC 27560
Molly M. Shah, Jonathan E. Hall (via CM/ECF Notice of Electronic Filing)
May 28, 2019

PETER A. MOORE, JR., CLERK
/s/ Sandra K. Collins
(By) Sandra K. Collins, Deputy Clerk