Case 1:09-cv-01186-HTW Document 3-1 Filed 05/11/09 Page 1 of 3

EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JAMES J. MURTAGH, M.D., Movant, v. EMORY UNIVERSITY, et al., Respondents. ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on Emory Universitys and Emory Healthcare, Inc.s (collectively, Emorys) Motion To Dismiss For Lack Of Subject Matter Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). Having

CIVIL ACTION FILE NO. 1:09-CV-1186-RWS

considered Emorys Motion and Dr. Murtaghs opposition papers, the Court hereby finds that Dr. Murtagh has failed to establish the existence of federal subject matter jurisdiction. The Court also finds that the filing of Dr. Murtaghs Motion to Vacate by Dr. Murtaghs counsel violates 28 U.S.C. 1927 as it unreasonably and vexatiously multiplied the proceedings in this case. Accordingly, IT IS ORDERED that Dr. Murtaghs Motion To Vacate is dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that Emory is entitled to an award of sanctions against Dr. Murtaghs counsel,

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comprised of its attorneys fees, expenses, and costs incurred in this matter pursuant to 28 U.S.C. 1927. Emory is directed to file a petition in support of its attorneys fees, expenses, and costs in this matter within ten (10) days of the date of this Order. DONE AND ORDERED, this ________ day of ____________, 2009. ________________________ Judge Richard W. Story United States District Court for the Northern District of Georgia