Opinion
19-cv-363
01-05-2022
GREGORY ATWATER, Plaintiff, v. DR. KUBER, et al., Defendants.
ORDER
WILLIAM E. DUFFIN UNITED STATES MAGISTRATE JUDGE
On January 5, 2022, the court held a telephonic hearing on plaintiff Gregory Atwater's motion for reconsideration of the dismissal of the medical malpractice claim against defendant Dr. Prapti Kuber. (ECF No. 181) At the hearing, the court decided as follows:
IT IS HEREBY ORDERED that Atwater's motion for reconsideration (ECF No. 181) is GRANTED and the state law medical malpractice/medical negligence claim against Dr. Kuber is REINSTATED.
IT IS FURTHER ORDERED that discovery will remain CLOSED.
IT IS FURTHER ORDERED that Jane/John Doe 1 defendant is DISMISSED.
IT IS FURTHER ORDERED that the motion for summary judgment by Beth Dittmann, Bonnie L. Gugler, Dr. Prapti Kuber, and Denise Stepflug (ECF No. 149) is DENIED without prejudice.
IT IS FURTHER ORDERED that both of Atwater's motions for leave to file a sur-reply (ECF Nos. 191, 193) are DENIED as moot.
IT IS FURTHER ORDERED that Dr. Kuber may file a renewed motion for summary judgment by March 4, 2022. Atwater's response is due by no later than April 4, 2022, and Dr. Kuber's reply is due by April 18, 2022. The court will withhold ruling on defendant Michael Hintz's motion for summary judgment (ECF No. 163) until Dr. Kuber's renewed motion for summary judgment is fully briefed.