Deberry Ex Rel. Deberry v. Sherman Hospital Ass'n

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter is before the court on Defendant Sherman Hospital Association’s motion to dismiss Count I of Plaintiff Veronica Deberry’s two-count complaint as failing to state a claim upon which relief can be granted. As Count II of the complaint is in this court solely on the basis of pendent jurisdiction, the defendant also asks that we dismiss it without prejudice so that the plaintiff can refile this single state-law claim in state court. For the following reasons, the defendant’s motion is denied.

BACKGROUND

At the heart of this case lies an alleged…