McKenzie v. Robeson Health Care Corp.

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JULIANNA LAURA MCKENZIE, Plaintiff, v. ROBESON HEALTH CARE CORPORATION, Defendant.

No. 7:23-cv-00979-FL

United States District Court, E.D. North Carolina, Southern Division

March 27, 2024

NOTICE OF PENDING APPEAL ON DISPOSITIVE ISSUE AND MOTION TO RESERVE RULING

LOUISE W. FLANAGAN, U.S. DISTRICT JUDGE

COMES NOW Defendant, Robeson Health Care Corporation (“RHCC”), by and through undersigned counsel, and submits this Notice of Pending Appeal on Dispositive Issue and Motion to Reserve Ruling, in which it respectfully requests that this Court reserve ruling on Defendant's pending Motion to Dismiss and Substitute (ECF No. 14) until such time as the Fourth Circuit Court of Appeals has issued an opinion regarding the pending appeal of Ford v Sandhills Med. Found., Inc., 4:21-cv-02307, 2022 WL 1810614, at *1 (D.S.C. June 2, 2022), on appeal, No 22-2268 (4th Cir.) (oral argument held on Dec. 7, 2023).

Before this Court is Defendant's Motion to Dismiss and Substitute (ECF No. 14), which requires this Court to determine whether Plaintiff's claims fall within the scope of claims for which Defendant RHCC is entitled to FTCA coverage. Defendant's Motion, Plaintiff's Response and the Government's Statement of Interest (ECF No. 14 18, 20), cite extensively to Ford v. Sandhills Med Found., Inc.- one of only two cases addressing this issue within the Fourth Circuit. Ford v. Sandhills...