Niles et al v. Owensboro Medical Health System et al, No. 4:2009cv00061 - Document 241 (W.D. Ky. 2011)

Court Description: MEMORANDUM OPINION AND ORDER denying 139 and 141 Motions for Leave to File Motion for Partial Summary Judgment; denying as moot 140 and 144 Motions for Partial Summary Judgment; denying. Signed by Judge Joseph H. McKinley, Jr on 7/25/11. cc:counsel (JBM)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION CIVIL ACTION NO. 4:09-CV-00061 KEISHA N. NILES and WILLIAM CHRISTOPHER NILES, Personal Representatives of the Estate of D.C.N.; and KEISHA N. NILES and WILLIAM CHRISTOPHER NILES in their Individual Capacities as Parents of D.C.N., PLAINTIFFS v. OWENSBORO MEDICAL HEALTH SYSTEM, INC.; EMERGENCY PHYSICIANS GROUP, P.S.C.; RADIOLOGY IMAGING CONSULTANTS, S.C.; LOUISVILLE RADIOLOGY IMAGING CONSULTANTS, PLLC; OWENSBORO PEDIATRICS, PLLC; THE WOMEN S PAVILION, P.S.C.; MICHAEL F. YEISER, MD; JOHN D. LAUZON, MD; CHARLES F. HOBELMANN, III, MD; MARIA E. SMITH, MD; and PAUL R. ROSEL, MD. DEFENDANTS MEMORANDUM OPINION AND ORDER This matter is before the Court on a motion for leave to file a motion for partial summary judgment by Defendant Emergency Physicians Group and Defendant Charles Hobelmann [DN 139] and a motion for the same by Defendant Louisville Radiology Imaging [DN 141]. Fully briefed, the matters are ripe for decision. Defendants seek to file a motion for summary judgment on Plaintiffs claim for punitive damages. The Court must deny Defendants request. The deadline for filing such dispositive motions was February 7, 2011, pursuant to the scheduling order. Defendants were aware of Plaintiffs intent of seeking punitive damages from the outset and discovery in this case has been complete since January 2011. Defendants have not shown good cause for their delay in complying with the deadline. Accordingly, Defendants motion can be more appropriately addressed at the close of evidence with a directed verdict. Based on the foregoing, IT IS HEREBY ORDERED that Defendants motions for leave to file a motion for partial summary judgment [DN 139, DN 141] are DENIED. Defendants motions for partial summary judgment [DN 140, DN 144] are DENIED AS MOOT. July 25, 2011 cc. Counsel of Record 2

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