Turner v. AnMed Health Medical Center et al

Filing 119

ORDER granting 118 Consent MOTION to Dismiss Without Prejudice & Tolling Agreement filed by AnMed Health Medical Center. AnMed Health Medical Center terminated without prejudice. Signed by Honorable Donald C Coggins, Jr on 1/7/2019. (abuc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
)
Deborah Turner,
)
)
Plaintiff,
)
)
vs.
)
)
AnMed Health Medical Center a/k/a
)
AnMed Health; Aaron C. MacDonald, MD; )
Larry Davidson, MD; Christie B. Mina, MD;)
Piedmont Spine and Neurosurgical
)
Group, PA.; Donald Woodburn, MD; 24 ON)
Physicians, PC; Stephen Hand, MD;
)
Syed W. Malik, MD; Clint Seymour, MD; )
AnMed Enterprises, Inc./HealthSouth, LLC )
d/b/a AnMed Health Rehabilitation Hospital,)
an affiliate of AnMed Health and
)
and HealthSouth Corporation and Chris
)
Johnson, PA-C,
)
)
Defendants.
)
__________________________________ )

Civil Action No.: 8:17-CV-00114-DCC

CONSENT ORDER OF DISMISSAL
WITHOUT PREJUDICE AND
TOLLING AGREEMENT AS TO
ANMED HEALTH

This matter was brought by Plaintiff Debora Turner in her individual capacity against
Defendant AnMed Health (“this Defendant”), among others. Plaintiff filed her Notice of Intent on
July 6, 2016, and the parties participated in a pre-suit mediation on November 23, 2016. Plaintiff
filed her Summons and Complaint on January 17, 2017 naming AnMed Health as a Defendant.
Counsel for Plaintiff and counsel for this Defendant have now agreed to enter into a consent order
of dismissal, without prejudice, dismissing AnMed Health as a Defendant from this lawsuit.
Plaintiff and Defendant AnMed Health further agree that the applicable statute of
limitations is hereby tolled until sixty (60) days prior to the trial date. During this tolling period,
this case shall proceed against Defendants Aaron C. MacDonald, MD; Larry Davidson, MD;
Christie Mina, MD; Piedmont Spine and Neurosurgical Group, PA; 24 ON Physicians, PC; Clint

Seymour, MD; AnMed Enterprises, Inc./HealthSouth, LLC d/b/a AnMed Health Rehabilitation
Hospital, an affiliate of AnMed Health and HealthSouth Corporation; and Chris Johnson, PA-C.
Moreover, it shall continue only against the remaining Defendants unless previously unavailable
information is discovered during the tolling phase which indicates that AnMed Health should be
named as a Defendant and Plaintiff’s expert(s) so attest as provided by South Carolina and Federal
law. If such a discovery is made, Plaintiff may file notice to the court of adding AnMed Health as
long as that notice is made no later than sixty (60) days prior to trial. If such notice is given, this
Defendant shall not argue the expiration of the statute of limitations as a defense to its addition,
unless such notice of adding parties back in is received after sixty (60) days prior to trial date;
accordingly, this Defendant will not be required to file any responsive pleading if added as a party
to the ongoing action no later than sixty (60) days prior to the trial date.
ACCORDINGLY, IT IS ORDERED that AnMed Health is hereby dismissed without
prejudice. This matter shall continue against the remaining Defendants, Aaron C. MacDonald,
MD; Larry Davidson, MD; Christie Mina, MD; Piedmont Spine and Neurosurgical Group, PA; 24
ON Physicians, PC; Clint Seymour, MD; AnMed Enterprises, Inc./HealthSouth LLC d/b/a AnMed
Health Rehabilitation Hospital, an affiliate of AnMed Health and HealthSouth Corporation and
Chris Johnson, PA-C, unless or until Plaintiff timely amends the Complaint as described above.
AND SO IT IS ORDERED.

s/Donald C. Coggins, Jr.
United States District Judge

January 7, 2019
Spartanburg, South Carolina
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WE SO CONSENT:

WE SO CONSENT:

s/Deloris K. Cromartie _________
J. Edward Bell, III, Fed ID 1280
Deloris K. Cromartie, Fed ID 11120
Bell Legal Group, LLC
219 N. Ridge Street
P.O. Box 2590 (29442)
Georgetown, SC 29440
843.546.2408
843.546.9604 facsimile
Attorneys for Plaintiff

s/ Fred W. “Trey” Suggs III________
Fred W. “Trey” Suggs, Fed ID 9015
Roe Cassidy Coates & Price P.A.
1052 N. Church Street (29601)
P.O. Box 10529
Greenville, SC 29603
864.349.2600
864.349.0303 facsimile
Attorney for Dr. Malik & Dr. Hand &
AnMed Health

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