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Smith v. Downs

United States District Court, Middle District of Georgia
Dec 17, 2021
4:19-CV-152 (CDL) (M.D. Ga. Dec. 17, 2021)

Opinion

4:19-CV-152 (CDL)

12-17-2021

KETERIA SMITH and DAVAUN COTTON, individually and as parents and next friends of K.C., a minor, Plaintiffs, v. CAITLYN DOWNS, KELLY MCNANY, LIFEPOINT HEALTH, INC., and ST. FRANCIS HEALTH, LLC, Defendants.


ORDER

CLAY D. LAND U.S. DISTRICT COURT JUDGE

This action was removed from the State Court of Muscogee County because two of the Defendants asserted that they were deemed federal employees and that the United States should be substituted in their place. The Court granted those two Defendants' motion to substitute and ordered that the United States be substituted as the party defendant in place of Dr. Kamesha Harbison, M.D. and Valley Healthcare System, Inc. Order (Oct. 22, 2020), ECF No. 50. The Court later dismissed Plaintiffs' claims against the United States. Order (July 20, 2021), ECF No. 60. There are no claims remaining over which the Court has original jurisdiction; the only remaining claims are state law claims against Caitlyn Downs, Kelly McNany, Lifepoint Health, Inc., and St. Francis Health, LLC. The Court ordered the parties to show cause why the remaining claims in this action should not be remanded to the State Court of Muscogee County. The remaining parties did not respond to the show cause order. Accordingly, this action is remanded to the State Court of Muscogee County.

IT IS SO ORDERED


Summaries of

Smith v. Downs

United States District Court, Middle District of Georgia
Dec 17, 2021
4:19-CV-152 (CDL) (M.D. Ga. Dec. 17, 2021)
Case details for

Smith v. Downs

Case Details

Full title:KETERIA SMITH and DAVAUN COTTON, individually and as parents and next…

Court:United States District Court, Middle District of Georgia

Date published: Dec 17, 2021

Citations

4:19-CV-152 (CDL) (M.D. Ga. Dec. 17, 2021)