Durden v. Newton County, Georgia et al
||Newton County, Georgia, Ezell Brown, Newton County Detention Center, Newton County Sheriff's Office and NaphCare, Inc.
||April 18, 2014
||US District Court for the Northern District of Georgia
||Richard W. Story
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|September 7, 2016
ORDER granting Defendant's 43 Motion for Summary Judgment or Alternatively, Motion to Dismiss; granting Plaintiff's 55 Motion to Amend Statement of Material Facts; granting 56 Motion to Amend Brief in Opposition to Defendant's Motion for Summary Judgment; and denying 59 Motion for Sanctions. Signed by Judge Richard W. Story on 9/7/16. (jkl)
|January 5, 2015
OPINION and ORDER granting 18 Motion for Reconsideration re: 4 Defendant NaphCare's MOTION to Dismiss with Prejudice and the Court hereby VACATES the portion of its June 11, 2014 Order 15 remanding the case to the State Court of Fu lton County. The portion of the Order 15 dismissing all claims except the state law medical negligence claim against Defendant Naphcare remains in effect. The Clerk is DIRECTED TO REOPEN the case against Defendant Naphcare. Further, Defendant Nap hCares Motion to Dismiss 4 is GRANTED in part and DENIED in part. It is GRANTED as to Plaintiff's claim for her stillborn child's damages for pain and suffering and her claim for negligence per se. It is DENIED as to all other claims. The Court having ruled on the merits of the pending Motions to Dismiss 4 , 6 , the Stay 9 entered by the Court on April 30, 2014, is hereby LIFTED, and the Parties shall proceed with discovery. Signed by Judge Richard W. Story on 1/5/2015. (bdb)
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