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Last updateThu, 21 Nov 2019 12am







    Wednesday, November 20, 2019-2:19:00A.M.






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Ninth Circuit orders Dr. Ramsey to file opening brief

THE U.S. Court of Appeals for the Ninth Circuit has directed Dr. Gary Ramsey to file an opening brief regarding his appeal. Failing to do so may result in the dismissal of the case for failure to prosecute, the Ninth Circuit added.

Appellate Commissioner Peter L. Shaw stated that Ramsey should file his opening brief within seven days after the order was issued. The order was issued on Oct. 18, 2019.

Shaw said the Ninth Circuit ordered Ramsey to file the opening brief by Sept. 6, 2019.

“Appellant has failed to file the opening brief or a motion for an extension of time to do so,” Shaw added.

He said the answering brief is now due on Nov. 22 and the optional reply brief is due within 21 days after the service of the answering brief.

Shaw also denied appellees’ motion to dismiss.

Ramsey, a former physician of the Commonwealth Healthcare Corporation, has appealed the District Court for the NMI’s dismissal of his lawsuit against the hospital in Dec. 2018.

Ramsey alleged that he was wrongfully denied privileges at the hospital.

Designated Judge Frances Tydingco-Gatewood, in her ruling, said Ramsey failed to allege any due process violations.

The judge granted the defendants’ motion to dismiss with prejudice as to the federal-law claims, but declined to exercise jurisdiction over the remaining Commonwealth-law claims, and granted the motions to dismiss those claims without prejudice.

Ramsey named as defendants the CNMI government, CHCC, CHCC chief executive officer Esther Muna, and various hospital officials.

Ramsey filed declaratory and injunctive relief — unlawful deprivation of property without due process of law; two claims of damages — unlawful deprivation of property without due process of law; and a claim of damages — unlawful deprivation of liberty and property without due process of law.

He also claimed violation of the U.S. and CNMI Constitutions.

In addition, he sued for breach of contract, tortuous interference with contract, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, and liability of the CNMI government.

On May 29, 2015, the court dismissed the CNMI government and CHCC from the four claims of Ramsey’s lawsuit.

On Feb. 28, 2017, in an interlocutory appeal, the Ninth Circuit reversed the district court’s denial of a motion to dismiss brought by CHCC officials and the CNMI government.

Ramsey is represented by attorney Stephen Woodruff who was previously suspended to practice in the district court for a year.