Conclusion The claims against Dr. Jones indisputably allege injury related to the provision of health care services, bringing the Complaint within the ambit of the THCLA. But, the Plaintiff failed to send presuit notice after nonsuiting her original lawsuit as required by Tenn. Code Ann. § 29-26-121. This deficiency requires dismissal pursuant to Childs.

Conclusion The claims against CPS indisputably allege injury related to the provision of health care services, bringing the Complaint within the ambit of the THCLA. But, the Plaintiff failed to send presuit notice after nonsuiting her original lawsuit as required by Tenn. Code Ann. § 29-26-121. This deficiency requires dismissal pursuant to Childs.

D/B/A ANALYTICAL) RESEARCH LABORATORIES, BARRY ) J. CADDEN, GREGORY CONIGLIARO, ) LISA CONIGLIARO CADDEN, DOUGLAS ) CONIGLIARO, CARLA CONIGLIARO, ) AND GLENN A. CHIN, ) ) Defendants. ) ) DONALD JONES, M.D.’S MOTION TO DISMISS Defendant Donald Jones, M.D. (“Dr. Jones”) hereby moves to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) and Tenn. Code Ann. § 29-26-121. In support of this Motion to Dismiss, Dr. Jones relies upon the arguments and authorities set forth in his contemporaneously-filed Memorandum of Law.

D/B/A ANALYTICAL) RESEARCH LABORATORIES, BARRY ) J. CADDEN, GREGORY CONIGLIARO, ) LISA CONIGLIARO CADDEN, DOUGLAS ) CONIGLIARO, CARLA CONIGLIARO, ) AND GLENN A. CHIN, ) ) Defendants. ) ) CPS’S MOTION TO DISMISS Defendant Anesthesia Services Associates, PLLC d/b/a Comprehensive Pain Specialists (“CPS”) hereby moves to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) and Tenn. Code Ann. § 29-26-121. In support of this Motion to Dismiss, CPS relies upon the arguments and authorities set forth in its contemporaneously-filed Memorandum of Law.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.

10 This motion addresses only the Act’s certificate of good faith requirement, found at Tenn. Code Ann. § 29-26-122. The THCLA also mandates notice be sent to potential defendants 60 days before filing suit under of Tenn. Code Ann. § 29-26-121. Cases in which the Plaintiff also failed to comply with the pre-suit notice requirement – by never serving pre-suit notice or by failing to wait sixty (60) days after serving pre- suit notice before filing a complaint – are marked with asterisks throughout the Memorandum of Law in Support of this Motion.