Armstrong v. Odom

Filing 54

ORDER directing the parties to file a Status Report regarding the requested relief. Status Report due by 9/17/2013. Signed by District Judge Richard Voorhees on 9/10/13. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL DOCKET NO.: 5:07CV37-RLV
EMILY M. ARMSTRONG, a minor,
by and through her Guardian ad litem,
WILLIAM W. PLYLER,1 WILLIAM E.
ARMSTRONG, AND SANDRA
ARMSTRONG,
Plaintiffs / Counter-Defendants,

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vs.
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DR. ALDONA ZOFIA WOS, in her
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official capacity as secretary of the
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North Carolina Department of Health
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2
and Human Services,
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Defendant / Counter-Plaintiff.
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___________________________________ )

ORDER

THIS MATTER is before the Court sua sponte in light of the Supreme Court’s decision
in Wos v. E.M.A. ex rel. Johnson, decided March 20, 2013. 133 S.Ct. 1391 (2013).
On May 31, 2012, the Court imposed a stay of the case with the instruction and
expectation that the parties would update the Court within thirty days of a ruling from the
Supreme Court. (Doc. 39). Nothing has been filed or otherwise communicated to the Court
since the Supreme Court ruled.
IT IS, THEREFORE, ORDERED that the parties shall file a Status Report no later than
Tuesday, September 17, 2013, regarding the requested relief  specifically whether the Court
must undertake the task of judicial allocation (dividing Plaintiff’s tort settlement) for purposes of

1

Effective October 2, 2009, William W. Plyler was appointed and substituted for Stephanie J.
Gibbs as guardian ad litem for Emily Armstrong. (Document #24.)
2

Effective January 5, 2013, Dr. Aldona Zofia Wos replaced the originally named Defendant,
Carmen Hooker Odom, as Secretary of the North Carolina Department of Health and Human Services.

Defendant’s recovery of the portion of the award attributable to medical expenses.

Signed: September 10, 2013