This matter is before the Court on the motions of several of the Defendants to alter the Court's February 8, 2013 Opinion and Order to omit one portion of a sentence (DE 50, 51, 52, 53, 54). In the opinion, the Court dismissed the Plaintiff's claim against the United States under the Federal Tort Claims Act, (FTCA), 28 U.S.C. § 2671 et seq. The Court then declined to exercise jurisdiction over the Plaintiff's state-law claims pursuant to 28 U.S.C. § 1367(c) and dismissed those claims. The Court dismissed the state-law claims without prejudice, stating that, pursuant to 28 U.S.C. § 1367(d), the Plaintiff had at least 30 days in which to file her state-law claims in state court.
The Defendants move to alter the opinion to omit the reference to §1367(d). They argue that the Plaintiff's state-law claims were time-barred before the Plaintiff ever filed this federal action.
The Defendants are concerned that this Court's recognition of § 1367(d) in its opinion indicates that this Court has determined that the Plaintiff's state-law claims are not time barred. This Court has not made any determination regarding whether any of the Plaintiff's state law claims are time-barred.
The Court will therefore amend its prior opinion to prevent any misunderstanding regarding that issue. The Plaintiff may, of course, file her state-court claims in state court and that court will then resolve any argument that the claims are time barred. The Defendant Meadowview Regional Medical Center, LLC d/b/a Meadowview Regional Medical Center ("Meadowview") also moves the Court to amend the February 8, 2013 Opinion and Order to state that Defendant Lifepoint Hospitals, Inc. was dismissed as a Defendant in this action by Agreed Order dated May 16, 2012. The Court will amend the Opinion and Order to reflect Lifepoint's dismissal.
Accordingly, the Court hereby ORDERS as follows:
1) the Defendants' motions to alter are GRANTED (DE 50, 51, 52, 53, 54);
2) the Court's February 8, 2013 Opinion and Order (DE 48) is AMENDED as follows:
a) On page 3, the following sentence is added to the end of the first full paragraph: "The Agreed Order was entered by the Court on May 16, 2012 (DE 21) dismissing all claims against Lifepoint."
b) the last sentence of Section II on page 7 of the opinion is amended to delete any reference to 28 U.S.C. § 1367(d) and to state only: "The claims will be dismissed without prejudice."
c) Paragraph 2 of the ordering clause on page 8 of the opinion is amended to omit any reference to 18 U.S.C. § 1367(d) and to state only, "all the Plaintiff's claims against the remaining Defendants are hereby dismissed without prejudice pursuant to 18 U.S.C. § 1367(c)."
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