Opinion
CIVIL NO. 2:05 CV 0450.
August 23, 2005
Benjamin Guilbeau, Jr. Stockwell, Sievert, Viccellio, Clements Shaddock, L.L.P. Lake Charles, LA, Counsel for defendant, Lake Charles Memorial Hospital.
Oliver "Jackson" Schrumpf Sulphur, LA, Counsel for plaintiff.
ADAMS AND REESE, LLP.
Ann M. Halphen, T.A. (#17580) M. Aminthe Broussard (#29106) Baton Rouge, LA, Counsel for defendant, Christus Health Southwestern Louisiana.
Via Hand Delivery Hon. Robert H. Shemwell Clerk of Court United States District Court for the Western District of Louisiana Lafayette, LA.
JUDGMENT ON DEFENDANTS' MOTIONS TO DISMISS
This matter came before this Court on Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendants CHRISTUS Health Southwestern Louisiana d/b/a CHRISTUS St. Patrick Hospital ("St. Patrick Hospital") and Southwest Louisiana Hospital Association d/b/a Lake Charles Memorial Hospital ("Lake Charles Memorial Hospital"). A hearing on defendants' motions was held on Thursday May 26, 2005.
Appearances: Benjamin Guilbeau, John Simpson, representing Lake Charles Memorial Hospital M. Aminthe Broussard, representing St. Patrick Hospital Oliver Jackson Schrumpf, representing plaintiffs.
A stipulation was entered, and the Medical Malpractice claim was dismissed by the plaintiff. After oral arguments and for oral reasons assigned, the Court entered the following rulings:
IT IS SO ORDERED, ADJUDGED, AND DECREED that Defendants' Motion to Dismiss the Louisiana "Patient Dumping" Claim under La.R.S. 40:2113.4 is GRANTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants' Motion to Dismiss the EMTALA claim under 42 U.S.C. 1395dd is DENIED.
Judgment entered in open court on May 26, 2005.
Judgment signed, this 22 day of June, 2005, at Lake Charles, Louisiana.
Dear Sir:
Enclosed please find an original and one copy of a Judgment on Defendants' Motions to Dismiss which has been fully executed by the parties. We respectfully ask that the original be filed in the record after Judge Minaldi has signed same. Please conform and return to us the attached copy.
By copy of this correspondence, a copy of the foregoing has been forwarded to all known parties to this litigation.
Thank you for your assistance in this matter. If you have any questions or would like to discuss the foregoing, please do not hesitate to contact me.