Watchman-Moore et al v. United States of America et al
| Derrith Watchman-Moore, Henry K Moore, Callan David Moore, Cheyenne Sumner Moore, Cerra Dawn Moore and Chael Skye Moore |
| United States of America, Fort Defiance Indian Hospital Board Incorporated, Curtis R Olsen, Unknown Olsen, Alithea Gabrellas, Unknown Gabrellas, Roger V Begay, Unknown Begay, Cammie Oster, Unknown Oster and Unknown Parties |
| 3:2017cv08187 |
| September 14, 2017 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| XX US, Outside State |
| Bridget S Bade |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1346 |
| None |
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Filing
70
ORDER denying Plaintiff's 51 Second Motion for Leave to Amend without prejudice. IT IS FURTHER ORDERED that within fourteen days of the date of this order, Plaintiffs may file a third motion for leave to amend. The motion for leave to amend and the proposed amended complaint must comply with the applicable federal and local rules of Civil Procedure and this Order. See order for complete details. Signed by Magistrate Judge Bridget S Bade on 8/28/18. (MSA)
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Filing
47
ORDER: The Court adopts the Report and Recommendation of the magistrate judge 34 . Derrith Watchman-Moore is dismissed as personal representative of decedent's estate as a Plaintiff in this matter. Decedent's siblings: Callan David Moore, Cheyenne Sumner Moore, Cerra Dawn Moore, and Chael Sky Moore are dismissed as parties in this matter. Fort Defiance Indian Hospital Board, Inc., dba Fort Defiance Indian Hospital a.k.a. Tsehootsooi Nahata'dzl Health and Medical Center is dismiss ed as a Defendant in this matter. Curtis R. Olsen, M.D., Jane Doe Olsen (husband and wife), Alithea Gabrellas, M.C. and John Doe Gabrellas (wife and husband), Roger V. Begay, M.D. and Jane Doe Begay (husband and wife), Cammie Oster, R.N. and John Doe Oster (wife and husband), John and Jane Does 1-V, Black and White Corps I-V, and Grey Partnerships I-V are dismissed as Defendants in this matter. IT IS FURTHER ORDERED DISMISSING Plaintiff's claim for negligent supervision, hiring, and retenti on without prejudice. IT IS FURTHER ORDERED, GRANTING the Government's partial motion to dismiss 11 . IT IS FURTHER ORDERED DENYING Plaintiff's motion for leave to amend without prejudice 39 . The Plaintiff has acted prematurely by not al lowing the Court to rule on the Report and Recommendation of the Magistrate Judge and the Plaintiff's actions have complicated the record. However, the Court will GRANT Plaintiff leave to file a new motion to amend the complaint. The new motion to amend, however, must be in accordance with the finding adopted by this Court in the Report and Recommendation and in this Order. Any motion to file a new Motion to Amend the Complaint must be filed by Tuesday, July 31, 2018. Signed by Senior Judge Stephen M McNamee on 6/22/2018. (REK)
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