Richardson Ex Rel. Rogers v. Southwest Mississippi Regional Medical Center

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before the court is the motion of the defendants, Dr. Frank McDonald and Mississippi Emergency Associates, P.A., [hereinafter MEA] to dismiss plaintiffs claim under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, pursuant to Rules 12(b)(6) 1 and 12(c) 2 of the Federal Rules of Civil Procedure. In the alternative, defendants seek an order granting their motion in limine which would prevent plaintiff from alleging at trial that defendants violated 42 U.S.C. § 1395dd in their evaluation and treatment of the plaintiff.…