Fulton 4

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

Case 1:09-cv-00752-HTW Document 4 Filed 03/27/09 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA EMORY UNIVERSITY, and EMORY : HEALTHCARE, INC., : : Plaintiffs, : : v. : Case No.: 1:09 cv 0752-HTW : : JAMES J. MURTAGH, M.D., : : Defendant. : VOLUNTARY WITHDRAWAL OF MOTION FOR EXPANSION OF TIME TO FILE RESPONSE TO EMORY UNIVERSITY AND EMORY HEALTHCARE, INC.'S MOTION TO CONFIRM THE ARBITRATOR'S FINAL JUDGMENT AND AWARD James J. Murtagh, M.D., the above-named Defendant, hereinafter referred to as "Dr. Murtagh," by and through the undersigned counsel moves that the Honorable Court allow him to withdraw his Motion for Expansion of Time to File Response to Emory University and Emory Healthcare, Inc.s Motion to Confirm the Arbitrator's Final Judgment and Award filed herein on March 23, 2009 on the grounds that, pursuant to Local Rule 7.2(A) and Local Rule 7.1(B), Dr. Murtaghs response will not be due until ten (10) days after Emory University and Emory Healthcare, Inc. ("Emory") file their memorandum of law in support of their Motion to Confirm the Arbitrator's Final Judgment and Award filed without supporting memorandum of law in Fulton County Superior Court on February 17, 2009. Dr. Murtaghs undersigned counsel has initiated communication with counsel

for Emory regarding the possibility of submitting a proposed Agreed Scheduling Order which will establish deadlines for filing motions and briefing for the initial phase of this removed action. Dr. Murtaghs grounds for the relief sought herein are more fully set forth in the

Case 1:09-cv-00752-HTW Document 4 Filed 03/27/09 Page 2 of 3

Memorandum of Law in support of this motion filed concurrently herewith. WHEREFORE, Dr. Murtagh respectfully requests that his Motion for Expansion of
Time to File Response to Emory University and Emory Healthcare, Inc.s Motion to Confirm the Arbitrator's Final Judgment and Award be withdrawn and for all other appropriate relief. Respectfully submitted, /s/ Glenn L. Goodhart__________ Glenn L. Goodhart, Esq., GA Bar # 300540 6065 ROSWELL RD NE STE 410 SANDY SPRINGS GA 30328 TEL. 404-255-3282 Attorney for Defendant James J. Murtagh, M.D.

Case 1:09-cv-00752-HTW Document 4 Filed 03/27/09 Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that I have served a copy of the foregoing VOLUNTARY WITHDRAWAL OF MOTION FOR EXPANSION OF TIME TO FILE RESPONSE TO EMORY UNIVERSITY AND EMORY HEALTHCARE, INC.'S MOTION TO CONFIRM THE ARBITRATOR'S FINAL JUDGMENT AND AWARD upon the Plaintiff herein, by filing electronically on the CM/ECF system

Todd D. Wozniak Lindsey Camp Edelmann GREENBERG TRAURIG LLP 3920 Northside Parkway, Suite 400 Atlanta, GA 30327

Theodore B. Eichelberger Alton & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424

wozniakt@gtlaw.com

teichelberger@alston.com

/s/ Glenn L. Goodhart_____________ Glenn L. Goodhart, Esq.

You might also like