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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Joyce Juniel, No. CV-12-01539-PHX-DGC Plaintiff, 10 11 v. 12 ORDER Laboratory Corporation of America, Anasazi Internal Medicine, 13 Defendants. 14 15 Defendant Anasazi Internal Medicine (“Anasazi”) filed by special appearance a 16 motion for clarification of the Court’s order issued on May 17, 3013. Doc. 38; see 17 Doc. 37. In that order, the Court found that there was no diversity between Plaintiff, a 18 resident of Arizona, and Anasazi, a medical practice incorporated in Arizona with its 19 principle place of business in Arizona. Doc. 37 at 3. Because inclusion of Anasazi 20 would destroy complete diversity and deprive the Court of subject matter jurisdiction, the 21 Court explained that it would “exercise its discretion under Rule 41(a)(2) and dismiss 22 Anasazi without prejudice, allowing the current action to proceed against Labcorp and 23 preserving Plaintiff’s option to pursue any separate claims against Anasazi in an 24 appropriate forum.” Id. at 4. The formal order of dismissal erroneously stated that 25 “Anasazi is dismissed with prejudice.” Id. at 10, ¶ 10. The Court has corrected this error 26 and issued an amended order dismissing Anasazi without prejudice. 27 28 Dated this 24th day of May, 2013.

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