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ESTATE OF LACKO v. MERCY HOSP., CADILLAC

Case No. 11-12361.

829 F.Supp.2d 543 (2011)

The ESTATE OF Michael Shane LACKO, by his Personal Representative, Mindy GRISWATCH, Plaintiff, v. MERCY HOSPITAL, CADILLAC, Assumed Name for Trinity Health — Michigan, Defendant.

United States District Court, E.D. Michigan, Southern Division.

November 3, 2011.

Attorney(s) appearing for the Case

Carlene J. Reynolds , Cyril V. Weiner , Weiner & Associates, PLLC, Southfield, MI, for Plaintiff.

David R. Johnson , Johnson and Wyngaarden, Okemos, MI, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS [5]

NANCY G. EDMUNDS, District Judge.

This matter comes before the Court on Defendant Mercy Hospital, Cadillac's motion to dismiss for failure to state a claim and lack of subject matter jurisdiction, pursuant to FRCP Rules 12(b)(6) and 12(b)(1). Plaintiff Estate of Michael Shane Lacko alleges two counts in its Complaint against Defendant: (1) Defendant violated the Emergency Medical Treatment and Labor Act (...

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