Turner v. AnMed Health Medical Center et al

Filing 65

ORDER granting 64 Motion to Dismiss, dismissing Defendant Donald Woodburn, M.D. without prejudice. This matter shall continue against the remaining Defendants. Signed by Honorable Donald C Coggins, Jr on 1/18/2018.(abuc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
Debora 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 HealthSouth
Corporation and Chris Johnson, PA-C,
Defendants.

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

CONSENT ORDER OF DISMISSAL
WITHOUT PREJUDICE
AND TOLLING AGREEMENT

This matter was brought by Plaintiff Debora Turner in her individual capacity against
Defendant Donald Woodburn, M.D. ("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 Donald

Woodburn, M.D. as Defendant. Counsel for Plaintiff and counsel for Dr. Woodburn have now
agreed to enter into a consent order of dismissal, without prejudice, dismissing Donald
Woodburn, M.D. as Defendant from this lawsuit.
Plaintiff and Defendant Woodburn 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 AnMed Health Medical Center a/k/a AnMed Health; Aaron C.
MacDonald, MD; Larry Davidson, MD; Christie Mina, MD; Piedmont Spine and Neurosurgical
Group, PA; 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 HealthSouth Corporation and Chris Johnson, PA-C.
Moreover, it shall continue only against the remaining Defendants unless such information is
obtained during the tolling phase which Plaintiff believes indicates that Donald Woodburn, M.D.
should be named as Defendant. If such a discovery is made, Plaintiff may file notice to the court
of adding Donald Woodburn, M.D. so 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 Donald Woodburn, M.D. is hereby dismissed
without prejudice. This matter shall continue against the remaining Defendants, AnMed Health
Medical Center a/k/a AnMed Health; Aaron C. MacDonald, MD; Larry Davidson, MD; Christie
Mina, MD; Piedmont Spine and Neurosurgical Group, PA; 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 HealthSouth
Corporation and Chris Johnson, PA-C, unless or until Plaintiff timely amends the Complaint as
described above.

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AND IT IS SO ORDERED.

s/Donald C. Coggins, Jr.
United States District Judge
January 18, 2018
Spartanburg, South Carolina

WE SO CONSENT:

WE SO CONSENT:

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

s/Jack G. Gresh, Fed ID 10559
Jack G. Gresh, Fed ID 10559
Lauren V. Spears, Fed ID 11740
Hall Booth Smith, P.C.
111 Coleman Blvd., Suite 301
Mount Pleasant, SC 29246
843.720.3460
843.720.3475 (facsimile)

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