Lytle v. USA et al
||USA, Mr. Banta and Terre Adams
||February 12, 2018
||Kentucky Eastern District Court
||Karen K. Caldwell
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 23, 2018
MEMORANDUM OPINION & ORDER: 1. The Defendants' 27 motion to dismiss or, in the alternative, motion for summary judgment is GRANTED IN PART and DENIED IN PART; 2. The Court GRANTS summary judgment in favor of Defendants Dr. Terre Adams and Pr actitioner Tony Banta with respect to Plaintiff Lytle's 8th Amendment deliberate indifference claims; 3. the Court DENIES without prejudice the United states' request for summary judgment on Lytle's medical malpractice claim brought pu rsuant to the FTCA; 4. the Court DENIES the defendants' dispositive motion 27 in all other respects; 5. this matter is REFERRED to a U.S. Magistrate Judge to conduct all further pretrial proceedings, including overseeing discovery & preparing proposed findings of fact & recommendations on any future dispositive motions; 6. the Clerk of Court shall ASSIGN this matter to a Magistrate Judge (Ingram). Signed by Judge Karen K. Caldwell on 10/23/2018.(KM)cc: COR, Pltf via U.S. mail
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