Hein-Muniz et al v. Aiken Regional Medical Centers et al

Filing 289

ORDER FOR ADDITIONAL BRIEFING notifying parties that the court wishes to receive input on the question of whether the court could require that the administrative proceedings that led to this litigation be commenced anew. Briefs, by any party desiring to submit, due in ten (10) days. Signed by Honorable Joseph F Anderson, Jr on 08/03/2012. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Margo J. Hein-Muniz, M.D., and
Parkside Medical Consultants, LLC,
d/b/a Magnolia Medical,

)
)
)
)
Plaintiffs,
)
)
vs.
)
)
Aiken Regional Medical Centers;
)
Universal Health Services, Inc.; Aiken )
Obstetrics & Gynecology Associates,
)
P.A.; Carlos A. Milanes; K.D. Justyn;
)
Oletha R. Minto, M.D.; James F.
)
Boehner, M.D.; Robert D. Boone, M.D.; )
Jonathan H. Anderson, M.D.; Thomas
)
P. Paxton, M.D.; and UHS of Delaware, )
Inc.,
)
)
Defendants.
)
)

C/A No.: 1:10-cv-986-JFA

ORDER
FOR ADDITIONAL BRIEFING

The court wishes to receive input from the parties on the question of whether, in
light of the procedural irregularities alleged in this case (about which the court makes no
findings at this time), the court could require that the administrative proceedings that led
to this litigation be commenced anew. In other words, does the court have authority
under current law to remand this action and require the defendants to provide a new
notice to the plaintiff of the allegations against her with the full range of administrative
proceedings to be followed thereafter.
Any party desiring to submit a brief on this issue should submit it to the court on
or before 10 days from the date of this order.
IT IS SO ORDERED.

August 3, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge