Scroggins v. LifePoint Health et al

MOTION for Leave to File Supplemental Memorandum in Opposition to Defendants' Motion to Dismiss

M.D. Ala.March 6, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARILYN R. SCROGGINS, on behalf of ) herself and all others similarly situated, ) ) Plaintiff, ) ) CIVIL ACTION NO. v. ) 2:16-cv-00338-ECM-SRW ) LIFEPOINT HEALTH, INC., a corporation, ) et al., ) ) Defendants. ) ) MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS COMES NOW the Plaintiff, Marilyn R. Scroggins, to respectfully move for leave to file a Supplemental Memorandum in Opposition to Defendants’ Motion to Dismiss. Leave should be granted for the following reasons: Pursuant to this Court’s Scheduling Order, the Defendants filed Motions to Dismiss the Plaintiff’s Second Amended Complaint filed on September 10, 2017. On December 11, 2017, Plaintiff filed an Omnibus Response to Defendants' Motions to Dismiss. [Doc. 130]. Since that time, there have been many decisions by district courts in the 11th Circuit related to the arguments and issues before the Court on these Motions to Dismiss. Plaintiff thus respectfully requests the opportunity to Case 2:16-cv-00338-ECM-SRW Document 148 Filed 03/06/19 Page 1 of 3 2 provide the Court with updated analyses and arguments, citing to the decisions rendered after Plaintiff’s Original Response to Defendants’ Motions to Dismiss and after the Reply Briefs filed by Defendants. Accordingly, for the foregoing reasons, Plaintiff seeks an order granting her leave to file the attached Supplemental Memorandum. Respectfully submitted, HENINGER GARRISON DAVIS, LLC /s/ J. CALLEN SPARROW J. Callen Sparrow (SPA006) ASB-4515-R-79J W. Lewis Garrison, Jr. (GAR008) ASB-3591-N74W Christopher B. Hood (HOO040) ASB-2280-S35H ADAMS AND REESE LLP William B. Gaudet ADAMS AND REESE LLP Hancock Whitney Center 701 Poydras Street, Suite 4500 New Orleans, LA 70139 Telephone: (504) 585-0263 Fax: (504) 566-0210 Email: william.gaudet@arlaw.com Attorneys for Plaintiff and the Proposed Class Case 2:16-cv-00338-ECM-SRW Document 148 Filed 03/06/19 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on the 6th day of February, 2019, a copy of the foregoing was filed electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be sent to all known counsel of record by operation of the court’s electronic system. /s/ J. CALLEN SPARROW Of Counsel Case 2:16-cv-00338-ECM-SRW Document 148 Filed 03/06/19 Page 3 of 3