DANIEL v. AMERICAN BD. OF EMERGENCY MEDICINE

No. 90-CV-1086A.

988 F.Supp. 127 (1997)

Gregory F. 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, Buffalo, NY (Ralph L. Halpern, of counsel), Shearman & Sterling, New York, NY (James T. Halverson, Kathleen M. Comfrey, of counsel), for plaintiffs.

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

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

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

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

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

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

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

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

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

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

LeBeouf, Lamb, Greene & Macrae, New York, NY (Molly S. Boast, Sara C. Kay, of counsel), for 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, Corp. Counsel, Bob Bailey, Asst. Corp. Counsel, City of New York Law Depart., New York, NY, for Lincoln Medical and Mental Health Center.

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


ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on April 24, 1991. Defendants filed various motions to dismiss the Second Amended Complaint on grounds of immunity, lack of personal jurisdiction, improper venue and improper service of process. On January 16, 1996, Magistrate Judge Foschio filed a Report and Recommendation regarding the various motions.1<...

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