ESTATE OF BROWN v. MARINER HEALTH CARE, INC. (N.D.Miss. 2006)

W. PEPPER JR., District Judge

This matter comes before the court upon Plaintiffs' Motion to Remand [15-1] and Defendant West Westbrook's Motion to Dismiss [14-1]. Upon due consideration of the motions and the responses filed thereto, the court finds as follows, to-wit:

It is undisputed that the plaintiffs did not comply with Mississippi Code Annotated § 15-1-36(15)'s requirement that they serve a notice of intent to sue upon the health-care provider West Westbrook 60 days before filing suit. Therefore, the plaintiffs' motion to remand should be denied and Westbrook's motion to dismiss should be granted.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) Plaintiffs' Motion to Remand [15-1] is DENIED;

(2) Defendant West Westbrook's Motion to Dismiss [14-1] is GRANTED; therefore,

(3) All of the plaintiffs' claims against West Westbrook are DENIED WITH PREJUDICE. SO ORDERED.