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ROBERTS v. JONES

No. 1:04CV173WLS.

390 F.Supp.2d 1333 (2005)

Tim ROBERTS and James Roberts, as Surviving Sons and Heirs at Law, Individually and on behalf of the Estate of TED Hilton Roberts, Deceased, Plaintiffs, v. Edd Colbert JONES, M.D. William, J. Hammond, M.D., Robert, Hammond and Jones, M.D., P.C. Fleming Burroughs, M.D., and Doriminy Medical Center Foundation, Inc. d/b/a Doriminy Medical Center, Defendants.

United States District Court, M.D. Georgia, Albany Division.

May 9, 2005.

Attorney(s) appearing for the Case

J. Wayne Pierce, Atlanta, GA, for Plaintiffs.

David N. Nelson, Blair K. Cleveland, Richard A. Epps, Jr., Macon, GA, T. Michael Burke, Jr., Tifton, GA, for Defendants.

ORDER

SANDS, Chief Judge.

Presently pending before the Court are Defendants' motions to dismiss. (Tabs 3, 6, 11). For the following reasons, Defendants' motion to dismiss for failure to timely perfect service (Tab 3) is DENIED. Defendants' motions to dismiss for failure to file an expert affidavit (Tabs 6, 11) areDENIED.

BACKGROUND

The instant suit was filed against all Defendants on November 22,...

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