Hannah et al v. Fresenius USA Manufacturing, Inc.

MOTION for Summary Judgment as to Plaintiff Timothy Waire

M.D. Tenn.January 22, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DENNIS JEFFERSON, ROSEMARY WEBSTER AND TIMOTHY WAIRE, Plaintiffs, v. FRESENIUS MEDICAL CARE HOLDINGS, INC., A/K/A FRESENIUS MEDICAL CARE NORTH AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:17-cv-00697 Judge Campbell/Brown DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF TIMOTHY WAIRE Pursuant to Federal Rule of Civil Procedure 56 and this Court’s Local Rule 56.01, Defendant, Fresenius Medical Care Holdings, Inc., respectfully moves this Court for entry of an Order granting summary judgment in its favor with respect to all of Plaintiff Waire’s claims against it. In support of this Motion, Defendant is filing a Memorandum in Support of Summary Judgment, a Statement of Undisputed Material Facts, Declaration of Gina Elyazar, Declaration of Debra Ponte, and a Record Appendix containing the relevant portions of the record. For the reasons provided in the supporting Memorandum, Defendant contends that there is no genuine disputed issue as to any material fact and that it is entitled to judgment as a matter of law to dismiss Plaintiff Waire’s claims. Consequently, Defendant respectfully prays that this Court grant summary judgment in its favor. Dated this 22nd day of January 2019. Case 3:17-cv-00697 Document 98 Filed 01/22/19 Page 1 of 2 PageID #: 741 Respectfully submitted, s/ Wendy V. Miller Wendy V. Miller, TN #023500 Anne T. McKnight, TN #026476 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. SunTrust Plaza 401 Commerce Street, Suite 1200 Nashville, TN 37219-2446 Telephone: 615.254.1900 Facsimile: 615.254.1908 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this the 22nd day of January 2019, the foregoing was filed electronically with the Clerk of the Court and served via first class U.S. Mail upon the following: Dennis Jefferson 321 Gaywood Drive Nashville, TN 37211 Timothy Waire 2510 Zion Road Columbia, TN 38401 Rosemary Webster 2120 Bransford Ave Nashville, TN 37204 /s/ Wendy V. Miller 35928792.1 Case 3:17-cv-00697 Document 98 Filed 01/22/19 Page 2 of 2 PageID #: 742