Case 1:09-cv-00752-HTW Document 4-1 Filed 03/27/09 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA EMORY UNIVERSITY, and EMORY : HEALTHCARE, INC., : : Plaintiffs, : : v. : Case No.: 1:09 cv 0752-HTW : : JAMES J. MURTAGH, M.D., : : Defendant. : MEMORANDUM OF LAW IN SUPPORT OF MOTION TO WITHDRAW MOTION FOR EXPANSION OF TIME TO FILE RESPONSE TO EMORY UNIVERSITY AND EMORY HEALTHCARE, INC.'S MOTION TO CONFIRM THE ARBITRATOR'S FINAL JUDGMENT AND AWARD James J. Murtagh, M.D., the above-named Defendant1, hereinafter referred to as "Dr. Murtagh," by and through the undersigned counsel submits the following memorandum of law in support of his Motion to Withdraw Motion for Expansion of Time to File Response to Emory University and Emory Healthcare, Inc.s Motion to Confirm the Arbitrator's Final Judgment and Award filed herein on March 23, 2009. I. BACKGROUND On March 17, 2009, Emory University and Emory Healthcare, Inc. (collectively Emory) filed a motion to confirm the final judgment and award entered in arbitration. Emorys motion was filed in a cause pending in the Superior Court of Fulton County Georgia titled James J. Murtagh, M.D. v. Fulton-Dekalb Hospital Authority, Emory University, Emory Healthcare, Inc., Grady Health Services Company, Inc. and John Does 1-10, Civil Action File No. 2004-CV-94259.

Because Dr. Murtagh is the party responding to Emorys motion to confirm the arbitration award, he has positioned himself in the caption as Defendant and refers to himself as such. However, the Courts electronic docket refers to Dr. Murtagh as the Plaintiff in this action. In order to spare the Court and parties confusion, Dr. Murtagh will, for the most part, use more explicit names to identify and refer to the parties. 1

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Inasmuch as the filing of a motion to confirm an arbitration award began a new and distinct phase of litigation under 9 U.S.C. 9, Dr. Murtagh filed his notice of removal of Emorys motion to confirm to this Court on March 19, 2009. Prior to removal, counsel for the parties had conferred and agreed that the state court deadline for Dr. Murtagh to file a response to Emorys motion was March 23, 2009. Emorys counsel had verbally consented to extending the deadline for seven days. Dr. Murtaghs counsel had advised counsel for Emory that he intended to seek a thirty day extension of the filing deadline. On March 23, 2009, after the notice of removal had been filed, Dr. Murtagh filed his motion in this Court seeking an expansion of the deadline to file a response to Emorys motion to confirm the arbitration award.

II. AUTHORITY The Civil Local Rules of Practice for the United States District Court for the Northern District of Georgia make provision for addressing motions pending in state court when an action is removed. Local Rule 7.2A provides: When an action or proceeding is removed to this court with pending motions on which briefs have not been submitted, the moving party shall serve a memorandum in support of the motion within ten (10) days after removal. Each party opposing the motion shall reply in compliance with LR 7.1B. LR 7.2A, NDGa. Local Rule 7.1B provides a period of ten days in which to respond to a motion which had been pending in state court before removal following service of the moving partys memorandum of law in support of the pending motion. Emorys motion to confirm the arbitration award was filed in state court without a memorandum of law in support thereof. Accordingly, Dr. Murtaghs ten day period in which to respond to Emorys motion will not begin to run until Emory serves its
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memorandum of law in support of the pending motion. Because Dr. Murtaghs time to respond will not be fixed until Emory complies with LR 7.1A, NDGa, his motion for an expansion of time is premature and should be withdrawn and disregarded. III. ANTICIPATED SCHEDULING ORDER In anticipation of the possibility that Emory will file a motion to remand this case to state court, Dr. Murtaghs counsel has initiated communication with opposing counsel regarding an agreed scheduling order designed to best use the Courts and parties resources. For instance, in the event that Emory chooses to file a motion to remand to state court, it seems that the remand issue should be resolved before the Court is asked to rule on the merits of the motion to confirm the arbitration award. Dr. Murtaghs counsel hopes to be able to submit an agreed scheduling order setting forth deadlines for motions and briefing regarding remand, confirmation and other matters within the next several days. If agreement cannot be reached, then Dr. Murtagh will consider filing a separate motion to enter a scheduling order. IV. CONCLUSION AND PRAYER FOR RELIEF. For the foregoing reasons, Dr. Murtagh, requests that the Court grant his motion to withdraw his motion for expansion of time to respond to Emorys motion for confirmation. Respectfully submitted, /s/ Glenn L. Goodhart__________ Glenn L. Goodhart, Esq., GA Bar # 300540 6065 ROSWELL RD NE STE 410 SANDY SPRINGS GA 30328 TEL. 404-255-3282 glenn@publicprotectionlawyer.com Attorney for Defendant James J. Murtagh, M.D.
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CERTIFICATE OF SERVICE This is to certify that I have served a copy of the foregoing MEMORANDUM OF LAW IN SUPPORT OF MOTION TO WITHDRAWMOTION FOR EXPANSION OF TIME TO FILE RESPONSE TO EMORY UNIVERSITY AND EMORY HEALTHCARE, INC.'S MOTION TO CONFIRM THE ARBITRATOR'S FINAL JUDGMENT AND AWARD upon the Plaintiff herein, by filing electronically through the CM/ECF system Todd D. Wozniak Lindsey Camp Edelmann GREENBERG TRAURIG LLP 3920 Northside Parkway, Suite 400 Atlanta, GA 30327 Theodore B. Eichelberger Alton & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424

wozniakt@gtlaw.com

teichelberger@alston.com

/s/ Glenn L. Goodhart_____________ Glenn L. Goodhart, Esq.