SANTITORO v. EVANS

Nos. 5:95-CV-837-BO(2), 5:95-CV-998-BO(2), and 5:95-CV-1061-BO(2).

935 F.Supp. 733 (1996)

Robin SANTITORO, et al., Plaintiffs, v. Wallace N. EVANS, II, M.D., et al., Defendants. Lucinda ROBINSON, Plaintiff, v. Wallace N. EVANS, II, M.D., et al., Defendants. Victoria PRITCHETT, et al., Plaintiffs, v. Wallace N. EVANS, II, M.D., et al., Defendants.

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

August 14, 1996.


Attorney(s) appearing for the Case

Elizabeth F. Kuniholm, Raleigh, NC, for Plaintiff.

John N. Hutson, Jr., Howard, From, Stallings & Hutson, Raleigh, NC, Barbara B. Weyher, Dan Johnson McLamb, Yates, McLamb & Weyher, Raleigh, NC, for Defendants Wallace N. Evans, II, M.D., Maxicare North Carolina, Inc.

John N. Hutson, Jr., Howard, From, Stallings & Hutson, Raleigh, NC, D. Clark Smith, Lexington, NC, Barbara B. Weyher, Yates, McLamb & Weyher, Raleigh, NC, for Defendants Cary Family Physicians, Inc., CFP Medical Assoc.

John N. Hutson, Jr., Howard, From, Stallings & Hutson, Raleigh, NC, for Defendant Maxicare Health Plans, Inc.

D. Clark Smith, Lexington, NC, for Defendants North Carolina Medical Management, Inc., NCMMNP, Inc., and U.S. Familycare of North Carolina, Inc., North Carolina Medical Group, Inc., Pacific Physician Services, Inc., PPS East, Inc., PPS North Carolina Medical Management, Inc., Pacific Physician Services Medical Group.

Alene M. Mercer, Cranfill, Sumner & Hartzog, Raleigh, NC, for Defendant Wake County Hospital System, Inc., dba Western Wake Medical Center.

Mark A. Ash, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, NC, for Defendants Managed Benefit System, Inc., Healthsource North Carolina Administrators, Inc., Carolina Physicians Health Plan, Healthsource North Carolina, Inc., and Healthsource, Inc.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the undersigned on the motions to remand filed by plaintiffs in each of the three cases. Finding that plaintiffs' claims are not removable, the court remands all three cases to the Superior Court for Wake County, North Carolina. Accordingly, plaintiffs' motions to remand are GRANTED.

This action arises out of the alleged medical...

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