Cisneros v. Metro Nashville General Hospital et al
| Martin Cisneros |
| f/n/u Nixon, Metro Nashville General Hospital, Team Health Knoxville TN, f/n/u Moore and Jason Boyd |
| 3:2011cv00804 |
| August 22, 2011 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| John S. Bryant |
| Todd J. Campbell |
| Other Personal Injury |
| 42 U.S.C. ยง 1395 |
| None |
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Filing
208
ORDER: The Objection of the Defendant is overruled, and the Report and Recommendation is adopted and approved. Accordingly, Defendant's Motion for Summary Judgment is GRANTED. The Complaint is DISMISSED with prejudice and any pending motions are denied as moot. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 12/19/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
198
REPORT AND RECOMMENDATION re 151 MOTION for Summary Judgment. The undersigned Magistrate Judge recommends that Defendant's motion for summary judgment be GRANTED, that the complaint be dismissed with prejudice, and that any pending m otions be denied as moot. If the Court rejects this recommendation, the undersigned further recommends that the liability of Defendant, if any, in this action be limited to $300,000, pursuant to Tennessee Code Annotated § 29-20-403(b)(4). Signed by Magistrate Judge John S. Bryant on 11/20/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
147
ORDER denying 146 Motion to subpoena nonparty for discovery of documents. Signed by Magistrate Judge John S. Bryant on 7/5/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
125
ORDER: Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 116) and Objections filed by the Defendant Hospital Authority of the Metropolitan Government of Nashville and Davidson County (Docket No. 122). Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03 (b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Defendant are overruled, and the Rep ort and Recommendation is adopted and approved. For the reasons stated in the Report and Recommendation, the Motion to Dismiss of the Third-Party Defendants (Docket No. 104) is GRANTED, and the Third-Party Complaint (Docket No. 92) is DISMISSED. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/20/13. (xc:Pro se party by regular and certified mail.)(af)
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Filing
116
REPORT AND RECOMMENDATION: For the reasons stated above, the Magistrate Judge RECOMMENDS that the motion to dismiss the third-party defendants be GRANTED and the third-party complaint for indemnification be DISMISSED with prejudice. Signed by Magistrate Judge John S. Bryant on 3/5/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
88
ORDER: With regard to the Report and Recommendation at Docket No. 74 , the Objections of the Plaintiff are overruled. As explained by the Magistrate Judge, the Emergency Medical Treatment and Active Labor Act ("EMTALA"), as interpreted by the Sixth Circuit Court of Appeals, does not provide for a private right of action against individual physicians. Plaintiff's Motion to Amend having previously been denied, the EMTALA claim is the only claim against Defendants Nixon, Moore and T eamHealth, Inc. Accordingly, the Motion to Dismiss of these Defendants (Docket No. 41 ) is GRANTED, and Plaintiff's claims against Defendants Nixon, Moore and TeamHealth, Inc. are DISMISSED. With regard to the Report and Recommendation at Dock et No. 77 , the Objections of the Plaintiff are overruled. Again, the Court notes that the EMTALA, as interpreted by the Sixth Circuit Court of Appeals, does not provide for a private right of action against individuals such as Defendant Boyd. There fore, regardless of whether service of process upon Defendant Boyd was insufficient, any claims against him under the EMTALA cannot stand. Defendant Boyd's Motion to Dismiss (Docket No. 62 ) is GRANTED, and Plaintiff's claims against Defendant Boyd are DISMISSED. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 4/19/2012. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
69
ORDER: Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 58 ), Objections filed by the Plaintiff (Docket No. 64 ), and a Response to the Objections (Docket No. 68 ). Pursuant to 28 U.S.C. § 636(b)(1) , Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. Accordingly, Plaintiff's Motion to Amend (Docket No. 52 ) is DENIED. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 2/28/2012. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
58
REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that plaintiff Cisneros's MOTION to Amend 1 Complaint 52 should be Denied. Signed by Magistrate Judge John S. Bryant on 1/26/12. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
4
ORDER OF RECUSAL. District Judge William J. Haynes, Jr recused. Case reassigned to Chief Judge Todd J. Campbell for all further proceedings. Signed by District Judge William J. Haynes, Jr on 8/25/11. (xc:Pro se party by regular and certified mail.)(dt)
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