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Bauman v. U.S. Healthcare

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


April 1, 1998

STEVEN BAUMAN AND MICHELLE BAUMAN, INDIVIDUALLY AND AS ADMINISTRATORS AD PROSEQUENDUM OF THE: ESTATE OF MICHELINA BAUMAN, DECEASED
PLAINTIFFS,
V.
U.S. HEALTHCARE, INC., KENNEDY MEMORIAL HOSPITAL, WASHINGTON TOWNSHIP DIVISION, KAMILA NEMEH, M.D., AND JOHN DOE(S) (1-5)
DEFENDANTS.

The opinion of the court was delivered by: Stanley S. Brotman United States District Judge

AMENDED ORDER

THIS MATTER having come before this Court on defendant U.S. Healthcare, Inc.'s ("U.S. Healthcare") Motion to Dismiss or, in the Alternative, for Summary Judgment and plaintiffs Steven and Michelle Bauman's ("Plaintiffs") Motion for Remand to New Jersey State Court pursuant to 28 U.S.C. § 1447(c);

The Court having reviewed the record and the submissions of the parties;

For the reasons set forth in the Court's opinion of this date;

IT IS this 1st day of April, 1998 HEREBY

ORDERED that Plaintiff's Motion for Remand to New Jersey State Court pursuant to 28 U.S.C. § 1447(c) is DENIED; and it is further

ORDERED that Plaintiff's request for assessment of attorney's fees is also DENIED; and it is further

ORDERED that U.S. Healthcare's Motion to Dismiss or, in the Alternative, for Summary Judgment is GRANTED in part, and COUNT SIX of Plaintiffs' Complaint is DISMISSED as to U.S. Healthcare only; and it is further

ORDERED that COUNTS ONE, TWO, THREE, FOUR, FIVE, SIX (as to defendants Kennedy Memorial Hospital and Kamilah Nemeh, M.D.), SEVEN, and EIGHT of Plaintiffs' Complaint are remanded to the Superior Court of New Jersey, Law Division, Camden County.

No costs.

19980401

© 2000 VersusLaw Inc.



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