Nature of Proceedings: Motion Judgment on Pleadings
Motion for Judgment on the Pleadings
Ruling

The court denies the motion for judgment on the pleadings filed by defendants Thomas Jones, Scott Conner, Richard Chung, Alois Zauner

Complaint

This is an antitrust action. Plaintiff Alan Moelleken, M.D., is a board-certified orthopedic surgeon and a member of the medical staffs of Santa Barbara Cottage Hospital and Goleta Valley Hospital. Both hospitals are owned and operated by defendant Cottage Health System (CHS). Prior to 2002, Moelleken performed emergency spine trauma surgery as a regular part of his practice at Goleta Valley Hospital. Additionally, as a member of the medical staff at Santa Barbara Cottage Hospital, Moelleken performed, and continues to perform, non-emergency spine surgery at that hospital.

In 2002, CHS decided to close Goleta Valley Hospital to emergency s