Boston v. Hospital Holdings, Inc. et al
ORDER directing that the Motion to Dismiss (Doc. # 38 ) is GRANTED and Hospital Holdings, Inc. is DISMISSED without prejudice for lack of subject matter jurisdiction; the Plaintiffs and Hospital Holdings, Inc. are to bear their own costs. Signed by Honorable Judge W. Harold Albritton, III on 9/18/14. (Attachments: # 1 Civil Appeals Checklist) (scn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
BONNIE BOSTON and SYLVIA WALLACE, )
on behalf of themselves and all others
HOSPITAL HOLDINGS, INC.; UNITED
FLORALA, INC. d/b/a Florala Memorial
Civil Action No. 2:14cv240-WHA
This cause is before the court on a Motion to Dismiss for lack of personal jurisdiction (Doc.
#38), filed by Defendant Hospital Holdings, Inc. The Plaintiffs have filed a response in which
they state that they do not oppose a dismissal of Defendant Hospital Holdings, Inc. without
prejudice, each party to bear their own costs. The Plaintiffs apparently concede the lack of
personal jurisdiction, and indicate an intention to re-file in the United States District Court for the
Eastern District of Tennessee.
Hospital Holdings, Inc. has replied to the Plaintiffs’ response, stating that it ought to be
awarded fees and costs as a prevailing party, citing a court case from outside of this circuit
awarding fees and costs where a WARN Act claim was withdrawn. See In re Arrow
Transportation Co. of Del., 224 B.R. 457 (D. Ore. 1998). That case, however, did not involve a
dismissal for lack of jurisdiction.
This court finds that a dismissal without prejudice for lack of personal jurisdiction is not
sufficient to entitle Hospital Holdings, Inc. to fees and costs as a prevailing party. Cf. Davis v.
Jackson, 776 F. Supp. 2d 1314, 1318 (M.D. Fla. 2011) (finding that dismissal of claims based on
jurisdictional basis did not render the defendant a prevailing party under the Clean Water Act).
Therefore, it is hereby ORDERED
that the Motion to Dismiss (Doc. #38) is GRANTED and Hospital Holdings, Inc. is
DISMISSED without prejudice for lack of subject matter jurisdiction.
The Plaintiffs and Hospital Holdings, Inc. are to bear their own costs.
Done this 18th day of September, 2014.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE
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