Wolfe v. Williamson Medical Center

Filing 10

REPORT AND RECOMMENDATION: The instant Motion to Dismiss (Docket No. 5) should be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 6/17/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

LUCY WOLFE,
Plaintiff,
v.
WILLIAMSON MEDICAL CENTER,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 3:16-cv-00770
Judge Crenshaw/Knowles

REPORT AND RECOMMENDATION

This matter is before the Court upon Defendant’s “Rule 12(b)(6) Motion to Dismiss.”
Docket No. 5. Since the filing of the instant Motion, Plaintiff has filed an Amended Complaint
pursuant to Fed. R. Civ. P. 15(a)(1)(B). Docket No. 7-1. The instant Motion to Dismiss pertains
to Plaintiff’s original Complaint, which is no longer the operative Complaint in this action.
For the foregoing reasons, the instant Motion to Dismiss (Docket No. 5) should be
DENIED.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),

reh’g denied, 474 U.S. 1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

________________________________
E. CLIFTON KNOWLES
United States Magistrate Judge

2