This section contains the nature of the case and procedural background.

P’s staff privileges at D were to be terminated. D advised P of the charges against him and advised him of his right to a hearing before an Ad Hoc Committee before his privileges would be terminated. P filed a complaint against D and various doctors and administrators. P alleged violations of federal due process and state law claims of unfair and deceptive trade practices and defamation. Eventually, the parties entered into a Consent Order. The hearing took place, and the panel unanimously decided that there was substantial evidence to support the recommendation that P's hospital privileges be revoked. The panel found that P's application for privileges contained false statements, that P failed to demonstrate professional competence, that his behavior was disruptive, and that he was unable to work with others. D's appellate panel voted unanimously to uphold the decision of the Ad Hoc Committee. D revoked the privileges. D then filed a motion for summary judgment. It was granted. The court also granted sanctions against P for P's failure to appear for his deposition. P appealed.

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