Haley v. Commonwealth of Virginia Department of Health

Filing 17

ORDER granting 5 Motion to Dismiss; dismissing case from the docket; denying as moot any other pending motions. Signed by Judge Jackson L. Kiser on 11/13/12. (ham)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
KATHRINE HALEY,
Plaintiff,
v.
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH,

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Case No. 4:12-cv-00016

ORDER
By: Jackson L. Kiser
Senior United States District Judge

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Defendant.

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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Before me is Defendant’s Motion to Dismiss pursuant to Rule 12(b)(1) of the Federal
Rules of Civil Procedure [ECF No. 5], which was filed on September 9, 2012. Plaintiff filed a
timely Response in Opposition to Defendant’s Motion [ECF No. 11] on October 5, 2012, and
Defendants followed by filing their Response in Support of Defendant’s Motion [ECF No. 13]
on October 9, 2012. On November 6, 2012, I heard oral argument from both sides on the
Motion. Having thoroughly reviewed the briefs, the record, and the arguments of counsel, the
matter is now ripe for decision.
For the reasons stated in the accompanying Memorandum Opinion, I hereby GRANT
Defendant’s Motion to Dismiss, DISMISS the case from the docket, and DENY AS MOOT any
other pending motions in this case.
The clerk is directed to send a copy of the Memorandum Opinion and accompanying
Order to all counsel of record.
Entered this 13th day of November, 2012.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE