NOW COMES the Third-Party Defendant, Health Management Associates, Inc., sometimes denominated as “HMA” (hereinafter “Health Management”), by and through the undersigned counsel, and files this memorandum in support of its Motion to Dismiss, with prejudice, all the third-party claims brought against Health Management by the Defendant/Third-Party Plaintiff and Counterclaim Plaintiff (hereinafter “Dr. Stout”).
As context, Plaintiff Statesville HMA Medical Group, LLC (hereinafter “the Practice”) brought a straightforward case seeking recovery, under a Promissory Note, of funds actually paid for the benefit of Dr. Stout. Dr. Stout’s response has been to try to contort the facts of the case into elaborate tort and fraud claims against Health
As context, Plaintiff Statesville HMA Medical Group, LLC (hereinafter “the Practice”) brought a straightforward case seeking recovery, under a Promissory Note, of funds actually paid for the benefit of Dr. Stout. Dr. Stout’s response has been to try to contort the facts of the case into elaborate tort and fraud claims against Health