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I just read the blog and your reference to resident's Complaint made me want to take another look to see if there had been any new developments. As you pointed out in the blog, there was a Motion to Dismiss filed by the attorneys representing Keith Johnson. However, now there is also a Memorandum in Support of that Motion, which explains the nature of the request for dismissal. The request for dismissal is not based upon the facts of resident’s complaint, but based upon the fact that Keith’s attorneys are saying the wrong party has been named, i.e., Keith personally as opposed to his position as the Chairman of the ARC committee. So I would imagine the counsel filing this is Keith’s personal attorney and if the motion to dismiss is granted by the court, then resident will have to amend his complaint to name the correct party (the Board). So no dismissal has been granted as of now and if it is granted based upon what has been filed, resident can resubmit his same complaint in a different form. I hope this makes sense.
