UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
ANDREA DAVIS, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1764 (PLF)
)
GRANT PARK NURSING HOME LP, d/b/a )
GRANT PARK CARE CENTER, et al., )
)
Defendants. )
__________________________________________)
ORDER
For the reasons stated in the Opinion issued this same day, it is hereby
ORDERED that Count III of Ms. Davis’ amended complaint is DISMISSED as to
all of the defendants; it is
FURTHER ORDERED that Grant Park’s and DCMI’s Motion to Dismiss Count
II of the Amended Complaint [14] is GRANTED. Count II is DISMISSED as to all of the
defendants; it is
FURTHER ORDERED that the motions to dismiss the amended complaint by
Centennial Corporation [19], Coastal [16], and Shoreline LLC [18] are GRANTED. Count I is
DISMISSED without prejudice as to Centennial Corporation, Coastal and Shoreline LLC; it is
FURTHER ORDERED that Centennial LLC’s Motion to Dismiss the Amended
Complaint for Lack of Personal Jurisdiction [20] is DENIED without prejudice. Centennial LLC
may renew this motion after Ms. Davis obtains jurisdictional discovery; it is
FURTHER ORDERED that Centennial LLC’s Motion to Strike Exhibits from
Plaintiff’s Opposition to Centennial LLC’s Motion to Dismiss [37] is DENIED as moot; it is
FURTHER ORDERED that Plaintiff’s Second Rule 56(f) Motion [28] is
GRANTED. Ms. Davis shall be permitted to obtain limited discovery with respect to DCMI’s
control or authority over Grant Park Care Center; it is
FURTHER ORDERED that DCMI’s Motion for Summary Judgment [21] is
DENIED without prejudice. DCMI may renew this motion after Ms. Davis obtains limited
discovery pursuant to Rule 56(f) of the Federal Rules of Civil Procedure; it is
FURTHER ORDERED that the motions to strike the proposed order and
declaration attached to plaintiff’s Second Rule 56(f) Motion filed by Centennial Corporation
[35], Coastal [36], and Shoreline LLC [34] are DENIED; it is
FURTHER ORDERED that Shoreline Corporation’s Motion to Dismiss the
Amended Complaint [17] is GRANTED as against it. Shoreline Corporation is DISMISSED
from this case; it is
FURTHER ORDERED that Plaintiff’s Motion to Compel Production of the Chart
of Joseph Madigan from Grant Park [43] is DENIED; and it is
FURTHER ORDERED that on or before August 31, 2009, the parties shall meet,
confer and file a joint report. In that joint report, the parties shall propose a schedule (1) for the
limited discovery authorized by this Opinion, and (2) any supplemental briefing to follow. In
addition, the parties’ joint report shall inform the Court whether the parties would prefer to
engage in settlement discussions at this time (that is, before undertaking any discovery and
supplemental briefing). If so, the parties shall also inform the Court whether they would prefer
2
settlement assistance from a magistrate judge or from the Court’s Alternative Dispute Resolution
program, or if they would prefer to pursue settlement discussions privately.
SO ORDERED.
/s/________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: August 5, 2009
3