GUNTER v. SOUTHERN HEALTH PARTNERS, INC. et al
| DAVID RAY GUNTER |
| SOUTHERN HEALTH PARTNERS, INC., JASON JUNKINS, DEPARTMENT OF HEALTH AND HUMAN SERVICES, RICK BRAJER, DAVIE COUNTY, DAVIE COUNTY BOARD OF COMMISSIONERS, ANDY STOKES, WENDELL SAIN, CAMERON SLOAN, STOKES COUNTY, STOKES COUNTY BOARD OF COMMISSIONERS, MIKE MARSHALL, ERIC CONE, SANDRA HUNT, FRAN JACKSON, MARSH USA INCORPORATED, WESTERN SURETY COMPANY, MANUEL MALDONADO and DOE DEFENDANTS |
| 1:2016cv00262 |
| April 1, 2016 |
| U.S. District Court for the Middle District of North Carolina |
| NCMD Office |
| Randolph |
| JOE L. WEBSTER |
| WILLIAM L. OSTEEN |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
204
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 9/17/2021; that this court's Memorandum Opinion and Order dated March 23, 2021, (Doc. 178 ), is STRUCK. FURTHER ORDERED that Medical Defendan ts' Motion to Strike the Affidavit of Michael Teal, (Doc. 142 ), is GRANTED. FURTHER ORDERED that Medical Defendants' Motion to Strike the Affidavits of David Ray Gunter, Tammy J. Banas, and Francis M. Hinson, IV, and the Declaration of Da mian Laber, (Doc. 197 ), is GRANTED as to the Laber Declaration, DENIED as to Banas Affidavit, and GRANTED IN PART AND DENIED IN PART as to the Gunter Affidavit and the Hinson Affidavit. FURTHER ORDERED that Medical Defendants' Motion for Summa ry Judgment, (Doc. 123 ), and Medical Defendants' Motion for Summary Judgment on Reconsidered Issues, (Doc. 191 ), are GRANTED. A judgment reflecting this Memorandum Opinion and Order will be entered contemporaneously herewith. (Hicks, Samantha)
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Filing
190
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/10/2021, that Defendant Manuel Maldonado's Motion to Reconsider, (Doc. 179 ), is GRANTED. FURTHER that Plaintiff's Motion for Rec onsideration, (Doc. 181 ), is GRANTED as to Plaintiff's arguments that Ms. Banas testified that Defendant Jackson breached the standard of care and that the testimony of Dr. Yoder and Dr. Laber forecast evidence of proximate causation. FURTH ER that Plaintiff's Motion for Reconsideration, (Doc. 181 ), is DENIED as to Plaintiff's arguments that Ms. Banas testified that Defendant Hunt breached the standard of care and that Defendant SHP is liable in tort to Plaintiff for the acts and/or omissions of Defendant Maldonado. FURTHER that this court will reopen summary judgment to address the issues indicated herein, and the parties will submit pleadings in accordance with the briefing schedule established by this court in this order. FURTHER that the trial scheduled to begin July 6, 2021, should be postponed, pending further order of the court.(Taylor, Abby)
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Filing
178
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/23/2021, that Medical Defendants' Motion to Strike, (Doc. 142 ), is GRANTED. IT IS FURTHER ORDERED that Medical Defendants Motion for Su mmary Judgment, (Doc. 123 ), is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to all claims against Defendants Southern Health Partners, Inc., Jason Junkins, Sandra Hunt, and Fran Jackson. The Motion is GRANTED as to the claims of me dical malpractice, negligent supervision, violations of § 1983, false imprisonment, and intentional infliction of emotional distress against Defendant Manuel Maldonado. Finally, the Motion is DENIED as to the claim of negligence against Defendant Maldonado. (Garland, Leah)
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Filing
175
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/15/2021, that Public Defendants Motion for Summary Judgment, (Doc. 125 ), is GRANTED as to all claims. FURTHER ORDERED that Public Defendants' Motion for Expedited Hearing, (Doc. 147 ), and Motion to Strike, (Doc. 150 ), are DENIED AS MOOT. (Garland, Leah)
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Filing
87
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/20/2017, that the Motion for Partial Judgment on the Pleadings filed by Moving Defendants Southern Health Partners, Inc., Jason Junkins, Sandra Hunt, Fran Jackson, and Manuel Maldonado (Doc. 63 ) is DENIED. FURTHER ORDERED that Plaintiff's Contingent Motion (Doc. [79)] is DENIED AS MOOT. (Garland, Leah)
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Filing
74
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 03/30/2017, that the Motion to Dismiss filed by Defendants North Carolina Department of Health and Human Services and Rick Brajer (Doc. 35 ) is GRANTED and that all claims asserted against DHHS and the Secretary in her official capacity are DISMISSED WITHOUT PREJUDICE. FURTHER that all claims against Rick Brajer in his individual capacity are DISMISSED WITHOUT PREJUDICE.(Taylor, Abby)
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Filing
70
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 03/22/2017, that the Motion to Dismiss of Defendants Davie County Board of Commissioners and Stokes County Board of Commissioners pursuant to Rule 12(b)(6) (Doc. 28 ) is GRANTED and that all claims against Defendants Davie County Board of Commissioners and Stokes County Board of Commissioners are dismissed with prejudice. (Garland, Leah)
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