DANIEL v. AMERICAN BD. OF EMERGENCY MEDICINE

No. 90-CV-1086A.

988 F.Supp. 112 (1997)

Gregory DANIEL, M.D., et al., Plaintiffs, v. AMERICAN BOARD OF EMERGENCY MEDICINE, et al., Defendants.

United States District Court, W.D. New York.

November 19, 1997.


Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (Ralph L. Halpern, of counsel), Buffalo, NY, Shearman & Sterling (James T. Halverson, Kathleen M. Comfrey, of Counsel), New York City, for plaintiffs.

Phillips, Lytle, Hitchcock, Blaine & Huber (Robert E. Glanville, of Counsel), Buffalo, NY, for Defendants American Board of Emergency Medicine, Henry A. Thiede, Frank A. Disney, and Council of Emergency Medicine Residency Directors.

Petree Stockton, LLP (Denise M. Jennings, George L. Little, of Counsel), Winston-Salem, NC, for Defendant Forsyth Memorial Hospital.

Magner, Love & Morris (William J. Love, Jr., of Counsel), Buffalo, NY, for Defendant Johns Hopkins Hospital, Part of the Johns Hopkins Health System.

Collidge, Wall, Womsley & Lombard (Terence L. Fague, of Counsel), Dayton, OH, for Defendant Kettering Medical Center.

Schnader, Harrison, Segal & Lewis (Sam Silver, of Counsel), Philadelphia, PA, for Defendant Mercy Catholic Medical Center, Misericordia Div.

Kohrman, Jackson & Kranz (Donald S. Scherzer, of Counsel), Cleveland, OH, for Defendant Ohio State University Hospitals.

Keck, Mahin & Cate (Philip O'Neil, of Counsel), Washington, DC, for Defendant Riverside Methodist Hospitals.

Hinshaw & Culbertson (Robert E. Nord, of Counsel), Chicago, IL, for Defendant St. Francis Medical Center.

Rushfeldt, Shelley & Drake (Doreen Wener Shefeld, Gail A. Reisman, Jerry R. Sparks, of Counsel), Sherman Oaks, CA, for Defendant Tri-City Medical Center.

Dennis C. Vacco, Atty. Gen., State of N.Y. (Douglas S. Cream, Asst. Atty. Gen., of Counsel), Buffalo, NY, for Defendant State University of New York at Stony Brook Medical Center.

LeBeouf, Lamb, Greene & Macrae (Molly S. Boast, Sara C. Kay, of Counsel), New York City, for Defendants Children's Hospital of Michigan, Children's Hospital and Health Center (San Diego), Detroit Receiving and University Health Center, Loma Linda University Medical Center, Lutheran General Hospital, Medical College of Pennsylvania and Medical College Hospitals, Mercy Hospital and Medical Center, Methodist Hospital of Indiana, Inc., Oregon Health Sciences University Medical Center, St. Anthony Hospital, University of California (Irvine) Medical Center, University of California (Los Angeles) Medical Center, University of California (San Diego) Medical Center, University of Massachusetts Medical Center, University Medical Center, (Tucson), and University of New Mexico, University Medical Center.

Paul A. Crotty, Corporation Counsel, City of New York, Bob Bailey, Assistant Corporation Counsel, City of New York Law Department, New York City, for Defendant Lincoln Medical and Mental Health Center.

Kelley, Drye & Warren (Richard E. Donovan, Lynne M. Glass, of Counsel), New York City, for Defendant Our Lady of Mercy Medical Center.


ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G. Foschio on April 24, 1991. Defendants moved to dismiss the Second Amended Complaint on statute of limitation grounds and for failure to state a claim. On July 15, 1996, Magistrate Judge Foschio filed a Report and Recommendation, recommending that the Court deny defendants' motions to dismiss.

The following defendants filed objections to Magistrate Judge Foschio's July...

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