Order

Pending before the Court is Defendant Monroe Scarbro's February 1, 2001 supplemented motion to dismiss. For the reasons discussed below, Defendant's motion is DENIED WITHOUT PREJUDICE.

Order Granting Dismissal of Defendant Apfel

Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (SSA), moved to dismiss the Third Amended Complaint on two grounds.  First, Defendant Apfel contends that Plaintiffs’ claims against him are barred by the Administrative Procedures Act (APA) which precludes judicial review of decisions “committed to agency discretion.”  Second, Defendant Apfel asserts that Plaintiffs failed to exhaust their administrative remedies and cannot justify waiver of the exhaustion requirement.  For the reasons that follow, the Court agrees with Defendant Apfel’s first argument and, therefore, GRANTS his motion and DISMISSES him from this action.¹

Memorandum Opinion and Order

Pending is the joint motion to compel arbitration and dismiss or, in the alternative, to stay the case, filed by Defendants Chase Manhattan Bank and Saxon Mortgage. The Court DENIES the motion without prejudice.

Memorandum Opinion and Order

This action arises out of the alleged negligence of John H. Pellegrini, D.O., in performing an hysterectomy on Plaintiff, and of defendant Raleigh General Hospital (“Raleigh General”) in granting and continuing staff privileges to Dr. Pellegrini. At the time of the surgery, Dr. Pellegrini was an agent and employee of an entity covered by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.