Salada v. Putnam County Sheriff's Dept. et al

Filing 99

ORDER: It appearing to the Court, as evidenced by the notice filed on August 2, 2017, pursuant to Fed. R. Civ. P. 25(a) (Docket Entry 96 ) that the pro se Plaintiff, Jonathan Salada, is now deceased and the next of kin, Plaintiff's parents, no longer wish to pursue this matter. It is ORDERED that this action be, and hereby is, DISMISSED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) Modified on 9/5/2017 (ab).

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
JONATHAN SALADA,
BOP #00564095,

)
)
)
Plaintiff,
)
)
v.
)
)
PUTNAM COUNTY SHERIFF’S DEPT., )
SERGEANT JAMIE EMMERTON,
)
SOUTHERN HEALTH PARTNERS, INC., )
DANIEL S. COBURN, LPN,
)
DEBORAH A. DECK, LPN-MTA,
)
JESSICA R. REAGAN, LPN, and
)
DR. KENNETH MATHEWS,
)
)
Defendants.
)

Case No. 2:16-cv-0032
Chief Judge Crenshaw
Magistrate Judge Brown
Jury Demand

ORDER OF DISMISSAL
It appearing to the Court, as evidenced by the notice filed on August 2, 2017, pursuant to
Fed. R. Civ. P. 25(a) (Docket Entry 96) that the pro se Plaintiff, Jonathan Salada, is now
deceased and the next of kin, Plaintiff’s parents, no longer wish to pursue this matter.
And it further appearing to the Court, as evidenced by the Joint Motion to Dismiss filed
by the Defendants, Southern Health Partners, Inc., Daniel S. Coburn, LPN, Deborah A. Deck,
LPN-MTA, Jessica R. Reagan, LPN, and Dr. Kenneth Mathews (the “SHP Defendants”) and
Samuel Jonathan Salada and Tammy Lea Salada, as next of kin and parents of the Plaintiff
Jonathan Salada, deceased (the “Parents”), that (1) the Parents are the next of kin of Jonathan
Salada, (2) that there are no other individuals who are or who could claim to be next of kin of
Johnathan Salada, and (3) that at least one Parent is expected to be appointed personal
representative of the Estate of Jonathan Salada. And it further appearing to the Court that the
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SHP Defendants waive any objection to dismissal by the Parents of the claims of Jonathan
Salada, deceased, against the SHP Defendants without formal substitution of the parties pursuant
to Fed. R. Civ. P. 25(a);
It is therefore ORDERED that the Joint Motion to Dismiss be, and hereby is,
GRANTED;
It is further ORDERED that the claims of Jonathan Salada against the SHP Defendants
be, and hereby are, DISMISSED;
It is further ORDERED that this action be, and hereby is, DISMISSED.
IT IS SO ORDERED.

_____________________________________
WAVERLY D. CRENSHAW JR.
UNITED STATES DISTRICT JUDGE

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APPROVED FOR ENTRY:
REID LEITNER LAW GROUP, PLLC

By:

s/Reid D. Leitner
Reid D. Leitner, Esq.
BPRN 16187
Matthew E. McGraw, Esq.
BPRN 32257
201 Fourth Avenue North, Suite 1470
Nashville, Tennessee 37219
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants
Southern Health Partners, Inc., et al.

HARDIN LAW OFFICE

By:

s/Hal Hardin
Hal Hardin, Esq.
BPRN 3101
211 Union Street, Suite 200
Nashville, Tennessee 37219
Tel.: [phone]
Fax: [phone]
[e-mail]

Signed with Permission
by Reid D. Leitner

Attorneys for Samuel Salada and
Tammy Lea Salada, as Next of Kin to Jonathan Salada

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Order of Dismissal has been forwarded by
electronic means via the Court’s electronic filing system, and by U.S. Mail to:
Hal Hardin, Esq.
HARDIN LAW OFFICE
211 Union Street, Suite 200
Nashville, Tennessee 37201

By U.S. Mail

Cynthia Chappell, Esq.
211 Union Street, Suite 200
Nashville, Tennessee 37201

By U.S. Mail

Daniel H. Rader, III, Esq.
MOORE, RADER, FITZPATRICK & YORK, P.C.
P.O. Box 3347
Cookeville, Tennessee 38502
This the 22th day of August, 2017.
By:

S:\Salada\Pleadings\SHPDismiss.ord.doc

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s/Reid D. Leitner
Reid D. Leitner