The Medical Protective Company v. Bristol Regional Medical Center et al

Filing 63

ORDER granting in part and denying without prejudice in part 51 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 52 Motion to Dismiss for Failure to State a Claim; this case is transferred to the Eastern District of Tennessee for further action. Signed by District Judge Elizabeth K. Dillon on 11/18/15. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION
THE MEDICAL PROTECTIVE
COMPANY, etc.,
Plaintiff,
v.
CHARLES A. BOLICK, M.D., et al.,
Defendants.

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Civil Action No. 1:14-cv-58
By: Elizabeth K. Dillon
United States District Judge

ORDER
For the reasons set forth in the memorandum opinion entered this day, defendants’
motions to dismiss (Dkt. Nos. 51, 52) are GRANTED IN PART and DENIED WITHOUT
PREJUDICE IN PART. The motions are GRANTED insofar as they argue that venue is
improper here and request, as an alternative to dismissal, that this matter be transferred to the
United States District Court for the Eastern District of Tennessee. It it hereby ORDERED that
the case be transferred to that court.
The motions are DENIED WITHOUT PREJUDICE in all other respects.
Entered: November 18, 2015.

Elizabeth K. Dillon
United States District Judge