Case 1:09-cv-01186-HTW Document 4 Filed 05/18/09 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JAMES J. MURTAGH, M.D., Movant, v. EMORY UNIVERSITY, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:09-CV-1186-RWS

RESPONDENTS THE FULTON-DEKALB HOSPITAL AUTHORITY, GRADY HEALTHCARE, INC, AND GRADY HEALTH SERVICES COMPANY, INCS MOTION TO DISMISS FOR LACK OF SUBJECTMATTER JURISDICTION Respondents The Fulton-DeKalb Hospital Authority, Grady Healthcare, Inc., and Grady Health Services Company Inc. (hereinafter collectively referred to as Grady)1 hereby join in the motion filed by Emory University and Emory Healthcare, Inc. (collectively, Emory) on May 11, 2009 and, in accordance with such motion, move to dismiss this action for lack of subject-matter jurisdiction The caption to Movants Motion to Vacate Arbitration Award refers to a Grady Healthcare, Inc. and a Grady Health Services Company, Inc. as named Respondents. There is, however, no Summons on file naming these purported entities and, in fact, these are neither existing corporations nor proper parties to this litigation. To the extent it may be deemed that these purported entities are merely misnomers of entities later contended to be proper parties, this motion to dismiss is filed on behalf of The Fulton-DeKalb Hospital Authority as well as these purported entities.
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pursuant to Fed. R. Civ. P. 12(b)(1). In addition, Grady seeks sanctions against Movants counsel, pursuant to 28 U.S.C. 1927, on the grounds that the filing of this lawsuit lacks any good faith basis and could not have been filed for any proper purpose. Movants counsel has multiplied the proceedings in this matter unreasonably and vexatiously. Accordingly, Movants counsel should be required by the Court, pursuant to 1927, to satisfy personally the excess costs, expenses, and attorneys fees reasonably incurred by Grady because of counsels conduct. A memorandum of law in support of Gradys motion to dismiss for lack of subject-matter jurisdiction accompanies this motion.2 The legal issues pertinent to this motion, including this Courts lack of subject-matter jurisdiction and the basis for sanctions against Movants counsel pursuant to 28 U.S.C. 1927, are wellbriefed by Emory in its memorandum of law in support of its motion to dismiss for lack of subject-matter jurisdiction and apply equally to Grady. Accordingly, for the ease of the Court, Grady hereby adopts and incorporates by reference the argument and citation to authority set forth in that memorandum.

This matter should be dismissed in its entirety. However, if it is not dismissed in its entirety, Grady requests that it be granted an extension of ten days from the date of the Courts order on this motion to dismiss in which to submit its response to the substance of Movants motion to vacate.
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Respectfully submitted this 18th day of May, 2009.

/s/Theodore B. Eichelberger Theodore B. Eichelberger Georgia Bar No. 242330 ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-881-7000 Facsimile: 404-881-7777 Attorneys for Respondents The Fulton-DeKalb Hospital Authority, Grady Healthcare, Inc., and Grady Health Services Company, Inc.

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CERTIFICATE OF COMPLIANCE WITH L.R. 5.1B I HEREBY CERTIFY that the foregoing motion was prepared in Times New Roman, 14-point font, as approved by Local Rule 5.1B.

/s/Theodore B. Eichelberger Theodore B. Eichelberger Georgia Bar No. 242330

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CERTIFICATE OF SERVICE This is to certify that I have served a true and correct copy of the foregoing RESPONDENTS THE FULTON-DEKALB HOSPITAL AUTHORITY, GRADY HEALTHCARE, INC, AND GRADY HEALTH SERVICES COMPANY, INCS MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION with the Clerk of the Court using the CM/ECF system which will automatically send e-mail notification of such filing to the following attorneys of record: Todd D. Wozniak Lindsey Camp Edelmann GREENBERG TRAURIG LLP 3290 Northside Parkway, Suite 400 Atlanta, Georgia 30327 Email: wozniakt@gtlaw.com J. Clayton Culotta Culotta and Culotta LLP 432 E. Court Avenue Jeffersonville, Indiana 47130 Email: clay@culottalaw.com Mick G. Harrison, Esq. The Caldwell Center 323 S. Walnut Street Bloomington, Indiana 47401 Email: mickharrisonesq@earthlink.net Glenn L. Goodhart, Esq. 6065 Roswell Road, Suite 410 Sandy Springs, Georgia 30328 Email: glenn@publicprotectionlawyer.com
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This 18th day of May, 2009. /s/Theodore B. Eichelberger Theodore B. Eichelberger Georgia Bar No. 242330

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