McElroy v. Patient Selection Committee of Neb. Med. CTR

Full title: ARTHUR McELROY, Plaintiff, v. PATIENT SELECTION COMMITTEE OF THE NEBRASKA…

Court: United States District Court, D. Nebraska

Date published: May 9, 2007

4:06CV3162 (D. Neb. May. 9, 2007)

Opinion

4:06CV3162.

May 9, 2007

ORDER

RICHARD KOPF, District Judge

IT IS ORDERED that:

1. Defendant James H. Sorrell's motion to dismiss (filing 19) is denied without prejudice to raising the same issues on motion for summary judgment.¹

2. The clerk of the court shall rename the plaintiff's "motion" to deny defendant's motion to dismiss (filing 21) as a "brief".²

3. Plaintiff's motion to compel discovery (filing 28) is denied for failure to comply with the certification requirement of Federal Rule of Civil Procedure 37(a)(2)(B).

1 See memorandum and order entered on January 30, 2007 (filing 23), denying a similar motion to dismiss filed by the other defendants.

2 See NECivR 7.1(b)(1)(A) ("The party opposing a motion shall not file an "answer," or "opposition," "objection," or "response" to a motion, or any similarly titled responsive pleading, but instead shall file a paginated brief. . . .").