McKenzie v. Robeson Health Care Corporation

Filing 31

ORDER granting 23 Notice of Pending Appeal on Dispositive Issue and Motion to Reserve Ruling until such time as the Fourth Circuit Court of Appeals has issued its decision in Ford v. Sandhills Med. Found., Inc. Signed by District Judge Louise Wood Flanagan on 3/27/2024. (Collins, S)

Motion GRANTED. 

27

March 24

This the ____ day of ___________, 20___. 
/s/Louise W. Flanagan, U.S. District Judge 

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
JULIANNA LAURA MCKENZIE,

Case No. 7:23-cv-00979-FL

Plaintiff,
v.
ROBESON HEALTH CARE CORPORATION,
Defendant.

NOTICE OF PENDING APPEAL ON
DISPOSITIVE ISSUE AND MOTION
TO RESERVE RULING

COMES NOW Defendant, Robeson Health Care Corporation (“RHCC”), by and through
undersigned counsel, and submits this Notice of Pending Appeal on Dispositive Issue and Motion
to Reserve Ruling, in which it respectfully requests that this Court reserve ruling on Defendant’s
pending Motion to Dismiss and Substitute (ECF No. 14) until such time as the Fourth Circuit Court
of Appeals has issued an opinion regarding the pending appeal of Ford v. Sandhills Med. Found.,
Inc., 4:21-cv-02307, 2022 WL 1810614, at *1 (D.S.C. June 2, 2022), on appeal, No. 22-2268 (4th
Cir.) (oral argument held on Dec. 7, 2023).
Before this Court is Defendant’s Motion to Dismiss and Substitute (ECF No. 14), which
requires this Court to determine whether Plaintiff’s claims fall within the scope of claims for which
Defendant RHCC is entitled to FTCA coverage. Defendant’s Motion, Plaintiff’s Response, and
the Government’s Statement of Interest (ECF No. 14, 18, 20), cite extensively to Ford v. Sandhills
Med. Found., Inc.– one of only two cases addressing this issue within the Fourth Circuit. Ford v.
Sandhills Med. Found., Inc. 4:21-cv-02307, 2022 WL 1810614 (D.S.C. June 2, 2022). Notably,
the Court in Ford held, “[t]he alleged data breach arose out of Sandhills’s performance of medical
or related functions within the scope of its employment as a deemed PHS employee. Thus, the
Court will grant Sandhills’s motion to substitute.” Id. at *13-14.