Mares, M.D. v. Miami Valley Hospital et al

Filing 34

ORDER: (1) DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 25 ); (2) GRANTING PLAINTIFFS MOTIONS TO MODIFY THE PRELIMINARY PRETRIAL ORDER (Doc. No. 27 ) AND FOR LEAVE TO TAKE ADDITIONAL DISCOVERY (Doc. No. 28 ); AND (3) REFERRING THIS CASE TO JUDGE SILVAIN TO ISSUE A NEW CALENDAR. Signed by Judge Michael J. Newman on 1/10/2022. (srb)

Case: 3:20-cv-00453-MJN-PBS Doc #: 34 Filed: 01/10/22 Page: 1 of 2 PAGEID #: 542

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JACQUELYN MARES, M.D.,
Plaintiff,

Case No. 3:20-cv-453

vs.
MIAMI VALLEY HOSPITAL, et al.,

District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.

Defendants.
______________________________________________________________________________
ORDER: (1) DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (Doc. No. 25); (2) GRANTING PLAINTIFF’S MOTIONS TO
MODIFY THE PRELIMINARY PRETRIAL ORDER (Doc. No. 27) AND FOR LEAVE
TO TAKE ADDITIONAL DISCOVERY (Doc. No. 28); AND (3) REFERRING THIS
CASE TO JUDGE SILVAIN TO ISSUE A NEW CALENDAR
______________________________________________________________________________
This case is before the Court on Defendants Miami Valley Hospital (“MVH”) and Premier
Health Partners’ (“PHP”) motion for summary judgment (Doc. No. 25). Plaintiff filed a motion
for leave to take discovery (Doc. No. 28) under Fed. R. Civ. P. 56(d) (i.e., to stay a ruling on
summary judgment while additional discovery is taken) and a related motion to modify the
preliminary pretrial conference order (Doc. No. 27) (i.e., to allow more time for discovery).
After reviewing Plaintiff’s affidavit and the entire record, and for good cause shown,
Plaintiff’s motions -- for leave to take discovery, and to modify the preliminary pretrial order -are both GRANTED. MVH and PHP’s motion for summary judgment is DENIED WITHOUT
PREJUDICE at this time. This matter remains REFERRED to Judge Silvain for discovery, and
the parties are directed to contact his chambers to set new deadlines for discovery completion and
the filing of dispositive motions.
IT IS SO ORDERED.

Case: 3:20-cv-00453-MJN-PBS Doc #: 34 Filed: 01/10/22 Page: 2 of 2 PAGEID #: 543

January 10, 2022

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge

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