Michael Gorrio v. CO Keil, et al.

Summary

The court grants Dr. Saeed Bazel’s motion for summary judgment in Michael Gorrio’s civil rights action arising from his incarceration at SCI Phoenix. The court concludes that Gorrio received adequate notice of Wellpath’s Chapter 11 reorganization plan and failed to timely opt out of its third-party release. As a result, the plan’s release and permanent injunction bar Gorrio’s claims against Bazel, a former Wellpath employee.

Holdings

1. When a motion to dismiss relies on matters outside the pleadings that are neither integral to nor explicitly relied upon in the complaint, the court may treat the motion as one for summary judgment after providing notice and a reasonable opportunity to present relevant material.
2. Gorrio received constitutionally adequate notice of Wellpath's bankruptcy proceeding, reorganization plan, third-party release, and opt-out deadline.
3. Because Gorrio received adequate notice and did not timely opt out of Wellpath's third-party release, the confirmed plan released and discharged his claims against Bazel and permanently enjoined him from pursuing those claims.
4. Bazel was entitled to judgment as a matter of law because no genuine dispute of material fact existed regarding Gorrio's receipt of notice and failure to timely opt out.

Questions Presented

1. Whether Bazel's motion relying on the Chapter 11 confirmation order and plan should be treated as a motion for summary judgment because it relied on matters outside the pleadings.
2. Whether Gorrio received constitutionally adequate notice of Wellpath's Chapter 11 plan and the deadline to opt out of its third-party release.
3. Whether Gorrio's failure to timely opt out of the third-party release subjected his claims against Bazel to the plan's release and permanent injunction.
4. Whether Bazel was entitled to judgment as a matter of law under Federal Rule of Civil Procedure 56.

Disposition

other