N.D. Ga., Emory, 2009*

U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:09-cv-01186-HTW
Murtagh v. Emory University et al

Date Filed: May 04, 2009
Nature of suit: 190
Contract: Other
Assigned to: Judge Horace T. Ward
Cause: 09:0010 Petition to Vacate Arbitration Award
Date terminated: Mar. 31, 2011
Jurisdiction: Federal Question
Jury demand: None

Plaintiff
James J, Murtagh M.D.

Glenn L. Goodhart
Goodhart Law Firm
865 Marseilles Dr.
Atlanta, GA 30327
(404) 255-3282
Fax: (404) 255-3524
glenngoodhart@gmail.com

James Clayton Culotta
Culotta & Culotta LLp
432 E. Court Avenue
Jefferson, IN 47130
(812) 288-5141
clay@culottalaw.com

Mick G. Harrison
323 S. Walnut Street
Bloomington, IN 47401
(812) 323-7274
mickharrisonesq@earthlink.net
Mick G. Harrison, Esq

Defendant
Emory University

Lindsey Camp Edelmann
Greenberg Traurig-Miami
Suite 4400
333 Avenue of the Americas
(333 S.E. 2nd Avenue)
Miami, FL 33131
(404) 323-4329
edelmannl@gtlaw.com

Todd David Wozniak
Greenberg Traurig, LLP
Suite 2500
3333 Piedmont Road, N.E.
Atlanta, GA 30305
(678) 553-7326
Fax: (678) 553-7327
wozniakt@gtlaw.com

Defendant
Fulton-DeKalb Hospital Authority

Theodore B. Eichelberger
Alston & Bird
1201 West Peachtree Street
One Atlantic Center
Atlanta, GA 30309-3424
(404) 881-4385
ted.eichelberger@alston.com

Filed # Docket Text
May 04, 2009 1 PETITION to Vacate Arbitration Award, filed by James J, Murtagh, M.D.. (Filing fee $350.00, receipt number 11948) (Attachments: # 1 Memorandum in Support – Part 1, # 2 Memorandum – Part 2, # 3 Memorandum – Part 3, # 4 Memorandum – Part 4, # 5 Memorandum – Part 5, # 6 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/06/2009)
May 04, 2009 2 Summons Issued as to Emory University and Fulton-DeKalb Hospital Authority. (eop) (Entered: 05/06/2009)
May 11, 2009 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction with Brief In Support by Emory University, Emory Healthcare, Inc.. (Attachments: # 1 Exhibit A – proposed Order, # 2 Brief Memorandum in Support of Emory’s Motion to Dismiss, # 3 Exhibit 1 to Memo in Support, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Wozniak, Todd) (Entered: 05/11/2009)
May 18, 2009 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction with Brief In Support by Fulton-DeKalb Hospital Authority, Grady Healthcare, Inc., Grady Health Services Company, Inc.. (Attachments: # 1 Brief Memorandum of Law in Support of Motion to Dismiss)(Eichelberger, Theodore) (Entered: 05/18/2009)
May 29, 2009 5 RESPONSE in Opposition re 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by James J, Murtagh. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Goodhart, Glenn) (Entered: 05/29/2009)
June 05, 2009 6 RESPONSE in Opposition re 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction filed by James J, Murtagh. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Goodhart, Glenn) (Entered: 06/05/2009)
June 11, 2009 Submission of 1 Petition for Arbitration, submitted to District Judge Richard W. Story. (ekb) (Entered: 06/11/2009)
June 11, 2009 7 REPLY to Response to Motion re 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Emory University, Emory Healthcare, Inc.. (Wozniak, Todd) (Entered: 06/11/2009)
June 26, 2009 Submission of 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, submitted to District Judge Richard W. Story. (ekb) (Entered: 06/26/2009)
July 14, 2009 8 ORDER REASSIGNING CASE. Case reassigned to Judge Horace T. Ward for all further proceedings. Judge Richard W. Story no longer assigned to case. Signed by Judge Richard W. Story on 7/14/09. (ekb) (Entered: 07/14/2009)
July 14, 2009 9 NOTICE TO ALL COUNSEL OF RECORD re 8 Order Reassigning Case. (ekb) (Entered: 07/14/2009)
July 14, 2009 Submission of 1 Petition for Arbitration, 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, submitted to District Judge Horace T. Ward. (ekb) (Entered: 07/14/2009)
Sept. 01, 2010 NOTICE of Hearing on Motion re: 1 PETITION to Vacate Arbitration Award, 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, and 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. Motion Hearing set for Thursday, 9/16/2010 at 02:00 PM in ATLA Courtroom 1906 (WCO) before Judge Horace T. Ward. (bdb) (Entered: 09/01/2010)
Sept. 09, 2010 NOTICE OF CANCELLATION of Motion Hearing set for Thursday, 9/16/2010 at 02:00 PM in ATLA Courtroom 1906 (WCO) before Judge Horace T. Ward (to be rescheduled later) (bdb) (Entered: 09/09/2010)
Sept. 13, 2010 NOTICE of Hearing on Motion re: 1 PETITION to Vacate Arbitration Award, 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, and 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. Motion Hearing re-set for Tuesday, 10/5/2010 at 02:00 PM in ATLA Courtroom 1906 (WCO) before Judge Horace T. Ward. (bdb) (Entered: 09/13/2010)
Oct. 04, 2010 10 MOTION to Continue by James J, Murtagh. (Goodhart, Glenn) (Entered: 10/04/2010)
Oct. 05, 2010 ORAL ORDER granting 10 Plaintiff’s Emergency Motion for Continuance. Hearing to be rescheduled at a later date. Ruled on by Judge Horace T. Ward on 10/5/2010. (bdb) (Entered: 10/05/2010)
Dec. 10, 2010 NOTICE OF HEARING on Motions re: 3 and 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction. Motion Hearing set for 12/20/2010 at 02:00 PM in ATLA Courtroom 2106 before Judge Horace T. Ward. (bdb) (Entered: 12/10/2010)
Dec. 20, 2010 11 Minute Entry for proceedings held before Judge Horace T. Ward: taking under advisement 3 4 Motions to Dismiss. Motion Hearing held on 12/20/2010. Oral Argument on 3 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Emory University, Emory Healthcare, Inc. and 4 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction filed by Fulton-DeKalb Hospital Authority, Grady Healthcare, Inc., Grady Health Services Company, Inc. Court directed parties to prepare a proposed order (limit of 30 pages) as if there side had won by Monday, January 24, 2010. Court reporter directed to prepare the transcript with each side to split cost. (Court Reporter Montrell Vann)(bdb) (Entered: 12/20/2010)
Jan. 24, 2011 12 TRANSCRIPT of Proceedings held on 12/20/2010, before Judge Horace T. Ward. Court Reporter/Transcriber Montrell Vann, Telephone number 404-215-1549. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2011. Redacted Transcript Deadline set for 2/24/2011. Release of Transcript Restriction set for 4/25/2011. (Attachments: # 1 Appendix Notice of Transcript Filing) (mv) (Entered: 01/24/2011)
Mar. 31, 2011 13 ORDER granting 3 and 4 Motions to Dismiss. Signed by Judge Horace T. Ward on 3/31/2011. (bdb) (Entered: 03/31/2011)
Mar. 31, 2011 14 CLERK’S JUDGMENT ENTERED that the case is dismissed for lack of subject matter jurisdiction. (bdb)–Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist– (Entered: 04/01/2011)
Mar. 31, 2011 Civil Case Terminated. (bdb) (Entered: 04/01/2011)