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CHATTANOOGAHAMILTON )
COUNTY HOSPITAL AUTHORITY )
d/b/a ERLANGER HEALTH SYSTEM, ) CIVIL ACTION NO.
)
Petitioner, )
)
v. )
)
SHANNON WHITFIELD, in his capacity ) JURY TRIAL
as the Sole Commissioner of Walker ) DEMANDED
County, Georgia, and WALKER )
COUNTY, GEORGIA, )
)
Respondents. )
Procedure 69(a) and 81(b), respectfully submits this Petition in the Nature
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created by private act under the laws of the State of Tennessee, which is
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1332, as there is complete diversity among the parties and the amount in
69(a)(1).
this District.
Respondents are located within this Division and because the activity
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collect the amount Walker County owed to Erlanger arising out of its
Action).
11. On August 23, 2016, this Court entered summary judgment in the
amount of $8,705,000, plus interest accruing at the legal rate, and certified
its judgment as final. (Erlanger Action, Doc. No. 37) (the Summary
interest, attorneys fees and costs. The Court DIRECT[ED] the Clerk to
One in the amount of $8,705,000, plus interest accruing at the legal rate.
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The Court further [found] that no just reason for delay exist[ed], and
12. Pursuant to the terms of the Summary Judgment Order, the Clerk
August 23, 2016 in the Erlanger Action. (Erlanger Action, Doc. No. 38
litigation in Count Two of its Complaint, pending a jury trial, and the
Action.
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15. On July 13, 2017, the Eleventh Circuit affirmed the Judgment and
the Clerk of the Eleventh Circuit docketed a letter stating that the courts
[j]udgment has this day been entered pursuant to FRAP 36. (Erlanger
entered an Order in the Erlanger Action ordering and adjudging that the
mandate of the United States Court of Appeals be and hereby is made the
17. In the course of the proceedings in the Eleventh Circuit, the court
judgment interest on the Judgment should run from May 12, 2016. (See
April 12, 2017 order issued by Circuit Judges Tjoflat and Hull indicating
prejudgment interest rate and the date that prejudgment interest began to
accrue).
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annum simple interest running from May 12, 2016 through the date of
judgment interest.
interest continues to accrue at a rate of $141.88 per day until the time the
Judgment is paid.
County and its counsel over the course of several months, Walker County
has not paid all or any portion of the amounts outstanding under the
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and has the legal authority and responsibility to satisfy the unpaid
Judgment.
ability and lawful authority to levy and collect taxes and to borrow funds
the ability to levy and collect such taxes and borrow such funds as are
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COUNT ONE
RELIEF IN THE NATURE OF MANDAMUS
24. Erlanger incorporates and reasserts, as if fully set forth herein, all
must accord with the procedure of the state where the court is located[.]
Cf. GE Betz, Inc. v. Zee Co., 718 F.3d 615, 626-27 (7th Cir. 2013) (We
endeavor to provide the same procedural rights and processes that the
need not apply every jot and tittle of [state] procedural law.).
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and collection of taxes. See, e.g., Bradford v. Bolton, 215 Ga. 188 (1959); see
the underlying claim are barred. See Board of Education v. Franklin, 204 Ga.
364 (1948).
30. Erlanger has a clear legal right to collect the outstanding and
Whitfield and Walker County have a clear legal obligation to satisfy the
Judgment.
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the Judgment in full, to levy and collect taxes, or borrow funds, and use
such collections and funds to satisfy the Judgment in full, or do each and
every other act required of them in order to satisfy the Judgment in full.
COUNT TWO
EXPENSES OF LITIGATION, INCLUDING ATTORNEYS FEES
33. Erlanger incorporates and reasserts, as if fully set forth herein, all
County had the opportunity to appeal the Judgment and the same was
affirmed on appeal.
demands for payment and have refused to pay any portion of the
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borrow funds, and use such collections and funds to satisfy the
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6-11;
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