Juniel v. Labcorp

Filing 39

ORDER granting 38 Motion for Clarification of Court's order issued on 5/17/13. (See document for full details). Signed by Judge David G Campbell on 5/24/13. (LAD)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joyce Juniel,

No. CV-12-01539-PHX-DGC
Plaintiff,

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v.

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ORDER

Laboratory Corporation of America,
Anasazi Internal Medicine,

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Defendants.

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Defendant Anasazi Internal Medicine (“Anasazi”) filed by special appearance a

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motion for clarification of the Court’s order issued on May 17, 3013. Doc. 38; see

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Doc. 37. In that order, the Court found that there was no diversity between Plaintiff, a

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resident of Arizona, and Anasazi, a medical practice incorporated in Arizona with its

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principle place of business in Arizona. Doc. 37 at 3. Because inclusion of Anasazi

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would destroy complete diversity and deprive the Court of subject matter jurisdiction, the

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Court explained that it would “exercise its discretion under Rule 41(a)(2) and dismiss

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Anasazi without prejudice, allowing the current action to proceed against Labcorp and

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preserving Plaintiff’s option to pursue any separate claims against Anasazi in an

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appropriate forum.” Id. at 4. The formal order of dismissal erroneously stated that

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“Anasazi is dismissed with prejudice.” Id. at 10, ¶ 10. The Court has corrected this error

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and issued an amended order dismissing Anasazi without prejudice.

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Dated this 24th day of May, 2013.