Opinion
CIVIL ACTION NO. 3:06-CV-0950-R.
May 22, 2007
MEMORANDUM OPINION AND ORDER
Before the Court is Defendants Psychiatric Solutions, Inc. and Hickory Trail Hospital's MOTION TO DISMISS pursuant to Federal Rule of Civil Procedure 12(b)(5) and 12(b)(6) (filed March 14, 2007) (Dkt. 65). Plaintiff filed no response to the motion. After careful consideration of all parties's submissions and the law applicable to the issues before the Court, the Court DENIES the Motion to Dismiss. The Court finds that Plaintiffs have failed to comply with Federal Rule of Civil Procedure 4(h)(1). Therefore, service of process to Psychiatric Solutions, Inc. and Hickory Trail Hospital is hereby quashed and Plaintiff is ORDERED to provide the Court with the names of the proper agents for service of process for Hickory Trail Hospital and Psychiatric Solutions, Inc. by June 3, 2007.
Additionally, the Court DENIES the motion on 12(b)(6) grounds as the issue is premature.