King et al v. Garfield County Public Hospital District No 1 et al

Filing 239

ORDER GRANTING DEFENDANT OHS, INC.S MOTION FOR ENTRY OF JUDGMENT AS A MATTER OF LAW. Defendant OHS, Inc.s Motion for Entry of Judgment as a Matter of Law ECF No. 237 is GRANTED. The Clerk of Court shall enter a Second Amended Judgment (amending ECF No. 234) reflecting the dismissal of Defendant OHS. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DENNIS KING and TRICIA KING,
husband and wife,

NO. 2:12-CV-0622-TOR

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Plaintiffs,
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v.
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ORDER GRANTING DEFENDANT
OHS, INC.’S MOTION FOR ENTRY
OF JUDGMENT AS A MATTER OF
LAW

TERENCE SEAN MCGEE, M.D. and
OHS HEALTH & SAFETY
SERVICES, INC., a California
Corporation,
Defendants.

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BEFORE THE COURT is Defendant OHS Health & Safety Services, Inc.’s
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Motion for Entry of Judgment as a Matter of Law. ECF No. 237. This matter was
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submitted for consideration without oral argument. The Court has reviewed the
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record and files herein, and is fully informed.
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On January 19, 2017, the Court entered a Judgment in favor of Plaintiffs
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Dennis and Tricia King against Defendants Terence Sean McGee, M.D., Kim
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McGee, and OHS Health & Safety Services, Inc. following a jury trial. ECF No.
ORDER GRANTING DEFENDANT OHS, INC.’S MOTION FOR ENTRY OF
JUDGMENT AS A MATTER OF LAW ~ 1

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195. On September 5, 2017, the Court granted Plaintiffs’ motion to certify the

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judgment and register it in the Central District of California. ECF No. 228.

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On February 2, 2017, Defendants filed a Notice of Appeal with the Ninth

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Circuit Court of Appeals. ECF No. 197. On June 18, 2018, the Ninth Circuit

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determined that this Court erred in not granting OHS’s motion for judgment as a

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matter of law. ECF No. 235 at 3. The Ninth Circuit reversed this Court’s judgment

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against OHS and “remand[ed] for entry of judgment as a matter of law in OHS’s

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favor.” Id. at 4. The Mandate was issued on July 10, 2018. ECF No. 236.

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In the instant motion, OHS requests entry of an order granting its motion for

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judgment as a matter of law dismissing it from this action, an amended judgment

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reflecting OHS’s dismissal from this suit, and that Plaintiffs be ordered to take all

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actions necessary to replace the certified judgment filed in the Central District of

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California with the appropriate amended judgment. ECF No. 237 at 1-2.

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Plaintiffs agree that based on the Ninth Circuit Memorandum Opinion, entry

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of judgment as a matter of law in favor of OHS is appropriate. ECF No. 238 at 2.

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Plaintiffs assert that their counsel will take steps to certify and file a second amended

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judgment in the Central District of California upon receipt of the same. Id.

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The Court grants OHS’s Motion and dismisses OHS from this suit in

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accordance with the Ninth Circuit order. The Court orders that the Judgment be

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ORDER GRANTING DEFENDANT OHS, INC.’S MOTION FOR ENTRY OF
JUDGMENT AS A MATTER OF LAW ~ 2

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amended to reflect this dismissal and Plaintiffs shall filed the amended judgment in

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the Central District of California.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Defendant OHS, Inc.’s Motion for Entry of Judgment as a Matter of Law

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(ECF No. 237) is GRANTED.
2. The Clerk of Court shall enter a Second Amended Judgment (amending

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ECF No. 234) reflecting the dismissal of Defendant OHS.
3. The Clerk of Court shall certify the Second Amended Judgment and

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Plaintiffs shall register the Second Amended Judgment in the Central

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District of California.
The District Court Clerk is directed to enter this Order and provide copies to
counsel.
DATED August 9, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER GRANTING DEFENDANT OHS, INC.’S MOTION FOR ENTRY OF
JUDGMENT AS A MATTER OF LAW ~ 3