Juniel v. Labcorp
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Laboratory Corporation of America,
Anasazi Internal Medicine,
Defendant Anasazi Internal Medicine (“Anasazi”) filed by special appearance a
motion for clarification of the Court’s order issued on May 17, 3013. Doc. 38; see
Doc. 37. In that order, the Court found that there was no diversity between Plaintiff, a
resident of Arizona, and Anasazi, a medical practice incorporated in Arizona with its
principle place of business in Arizona. Doc. 37 at 3. Because inclusion of Anasazi
would destroy complete diversity and deprive the Court of subject matter jurisdiction, the
Court explained that it would “exercise its discretion under Rule 41(a)(2) and dismiss
Anasazi without prejudice, allowing the current action to proceed against Labcorp and
preserving Plaintiff’s option to pursue any separate claims against Anasazi in an
appropriate forum.” Id. at 4. The formal order of dismissal erroneously stated that
“Anasazi is dismissed with prejudice.” Id. at 10, ¶ 10. The Court has corrected this error
and issued an amended order dismissing Anasazi without prejudice.
Dated this 24th day of May, 2013.
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