*1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION THE ESTATE OF JOHN R. BROWN
by and through JO ANN BROWN-JENKINS,
ET AL., PLAINTIFFS, VS. CIVIL ACTION NO. 2:04CV324-P-B MARINER HEALTH CARE, INC. f/k/a
MARINER POST-ACUTE NETWORK, INC.;
ET AL., DEFENDANTS.
ORDER This matter comes before the court upon Plaintiffs’ Motion to Remand [15-1] and Defendant West Westbrook’s Motion to Dismiss [14-1]. Upon due consideration of the motions and the responses filed thereto, the court finds as follows, to-wit:
It is undisputed that the plaintiffs did not comply with Mississippi Code Annotated § 15-1- 36(15)’s requirement that they serve a notice of intent to sue upon the health-care provider West Westbrook 60 days before filing suit. Therefore, the plaintiffs’ motion to remand should be denied and Westbrook’s motion to dismiss should be granted.
IT IS THEREFORE ORDERED AND ADJUDGED that: (1) Plaintiffs’ Motion to Remand [15-1] is DENIED ;
(2) Defendant West Westbrook’s Motion to Dismiss [14-1] is GRANTED ; therefore, (3) All of the plaintiffs’ claims against West Westbrook are DENIED WITH PREJUDICE . SO ORDERED this the 31 st day of May, A.D., 2006.
/s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE