CIVIL NO. 08-1074 (JAG).
March 13, 2009
REPORT AND RECOMMENDATION
A status conference was held on March 12, 2009. The following attorneys attended the ISC: Luis A. Alvarado Hernández on plaintiffs' behalf; Anselmo Irizarry Irizarry on behalf of Eliasín Muñoz; José H. Vivas on behalf of Laura Mata; Luis Soto Colón on behalf of Policlínica Bella Vista, Inc.; José A. Miranda Daleccio on behalf of MMR Instituto de la Medicina de Familia del Oeste C.S.P.; Raiza Vélez on behalf of Hostos Medical Services, HCO-IPA 204; Jairo A. Mellado Villareal on behalf of MCS-HMO.
Plaintiffs were granted until March 23, 2009, to file a third amended complaint only for purposes of: (1) eliminating Policlínica Bella Vista as one of the defendants in this case and (2) eliminating any allegations of the complaint regarding Laura Mata in her role as a physician, but keeping her in the complaint only as the spouse of codefendant Eliasín Muñoz. Once the third amended complaint is filed, counsel Irizarry shall file his notice of appearance on behalf of Laura Mata no later than April 8, 2009.
The court was informed during the status conference that Policlinica Bella Vista had been sued due to the fact that a sign with the name of said entity had not been timely removed from the facilities.
Counsel Vivas brought to the court's attention the motion for partial summary judgment that was filed on behalf of Laura Mata on December 19, 2008. (Docket 118). Since the parties are not in disagreement as to the fact that codefendant Laura Matta was not a treating physician in this case, it is respectfully recommended that the motion for partial summary judgment (Docket 118) be GRANTED as unopposed.
It is respectfully recommended as well that the current trial date of August 31, 2009, be vacated and that the following discovery schedule discussed during the status conference be adopted: Deadline Event 26
Plaintiffs' counsel advised that he had already announced the name(s) of his expert witness(es).