Davis v. Northwestern Memorial Hospital et al

Filing 5

OPINION AND ORDER that this action is DISMISSED under Local Rule 41.3 A.(2) for failure to obey a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 2/8/2016. (anc)

Amendment. (Compl. at 1). Plaintiff alleges also that the Court “has jurisdiction
of this matter by virtue of the fact that the parties are citizens of different states and
the damages being claimed exceed a million dollars.” (Id.).2
After reviewing the Complaint, the Court determined that Plaintiff did not
plead sufficient facts for the Court to determine if it has personal jurisdiction over
Defendants and whether venue is appropriate in the United States District Court for
the Northern District of Georgia. On December 14, 2015, the Court ordered
Plaintiff to file, on or before January 15, 2016, an amended complaint that provides
the Court with sufficient information for the Court to determine whether it has
personal jurisdiction over Defendant Northwestern Memorial Hospital and
Defendant Dean M. Harrison, and whether venue is appropriate in the United
States District Court for the Northern District of Georgia. (December 14, 2015,

over the practice of medicine or the manner in which medical services are
provided . . . .” (February 6, 2015, Order [2], at 2).
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On January 15, 2015, Plaintiff filed an action, docketed as 1:15-cv-135, that
is nearly identical to the action presently before the Court. The defendant in that
action was “Norwegian American Hospital.” On May 21, 2015, the Court ordered
Plaintiff to file an amended complaint providing sufficient information for the
Court to determine whether it has personal jurisdiction over Norwegian American
Hospital. (May 21, 2015, Order). When Plaintiff failed to respond by the required
deadline, the Court dismissed his complaint without prejudice. (July 2, 2015,
Order).

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Order [4] (“Order”). The Court cautioned Plaintiff that failure to comply with the
Order would result in dismissal of this action under Local Rule 41.3 A.(2).
To date, Plaintiff has not filed an amended complaint. Local Rule 41.3 A.(2)
provides that the court may dismiss a civil case if a “plaintiff . . . shall, after
notice, . . . fail or refuse to obey a lawful order of the court.” L.R. 41.3 A.(2),
NDGa. Plaintiff failed to comply with the Court’s Order, and the Court thus
dismisses this action under Local Rule 41.3 A.(2).
Accordingly, for the foregoing reasons,
IT IS HEREBY ORDERED that this action is DISMISSED under Local
Rule 41.3 A.(2) for failure to obey a lawful order of the Court.

SO ORDERED this 8th day of February, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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