Case 1:09-cv-00752-HTW Document 15 Filed 05/21/09 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JAMES J. MURTAGH, M.D., Plaintiff, v. EMORY UNIVERSITY AND EMORY HEALTHCARE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:09-CV-0752-HTW

EMORY UNIVERSITYS AND EMORY HEALTHCARES RESPONSE TO DR. MURTAGHS MOTION TO COMPEL THEM TO FILE A SEPARATE DOCUMENT ENTITLED MEMORANDUM OF LAW IN SUPPORT OF EMORYS MOTION TO CONFIRM THE ARBITRATION AWARD Dr. Murtaghs Motion is based on a misguided and self-serving interpretation of Local Rules 7.1 and 7.2 and should be rejected as an obvious delay tactic and effort to obtain permission to file a future, supplemental brief in opposition to Emorys Motion to Confirm the Arbitration Award. Because Dr. Murtaghs Motion is baseless, and because it will be moot once this matter is remanded, it should be denied. ARGUMENT AND CITATION OF AUTHORITIES Dr. Murtagh argues that Local Rule 7.1 requires that every Motion and every supporting Memorandum of Law be contained in separate documents and that the Motion and Memorandum of Law cannot be combined in one document. Dr.

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Murtagh cites no authority to support that assertion and Emory is aware of none. In fact, the practice in this Court is that short Motions and Memoranda of Law are often combined into one document. As a result, Dr. Murtaghs Motion to Compel Emory to file separate documents entitled Motion and Memorandum of Law, respectively, is baseless. Moreover, Dr. Murtagh has responded to Emorys Motion to Confirm the Arbitration Award and the mere fact Emory filed a combined Motion and Memorandum of Law is no basis for seeking or receiving permission to file future, supplement briefs. Finally, this whole issue will be moot when the matter is remanded to State Court. Therefore, the Motion should be denied for that reason as well. CONCLUSION For the foregoing reasons, Dr. Murtaghs Motion to Compel Emory to file a separate document entitled Memorandum of Law in support of Emorys Motion to Confirm the Arbitration Award should be denied.

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Respectfully submitted, this 21st day of May, 2009.

/s/ Todd D. Wozniak Todd D. Wozniak Georgia Bar No. 777275 Lindsey Camp Edelmann Georgia Bar No. 141479 Greenberg Traurig LLP 3290 Northside Parkway, Suite 400 Atlanta, Georgia 30327 Telephone: 678-553-7326 Facsimile: 678-553-7327 Attorneys for Defendants Emory University and Emory Healthcare, Inc.

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CERTIFICATE OF COMPLIANCE WITH L.R. 5.1B I HEREBY CERTIFY that the foregoing motion was prepared in Times New Roman, 14-point font, as approved by Local Rule 5.1B.

s/Todd D. Wozniak Todd D. Wozniak Georgia Bar No. 777275

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CERTIFICATE OF SERVICE This is to certify that I have filed a true and correct copy of the foregoing with the Clerk of the Court using the CM/ECF system which will automatically send e-mail notification of such filing to the following attorneys of record: J. Clayton Culotta Culotta and Culotta LLP 432 E. Court Avenue Jeffersonville, Indiana 47130 Email: clay@culottalaw.com Mick G. Harrison, Esq. The Caldwell Center 323 S. Walnut Street Bloomington, Indiana 47401 Email: mickharrisonesq@earthlink.net Glenn L. Goodhart, Esq. 6065 Roswell Road, Suite 410 Sandy Springs, Georgia 30328 Email: glenn@publicprotectionlawyer.com

This 21st day of May, 2009. s/Todd D. Wozniak Todd D. Wozniak