Canale v. Sahara Outpatient Surgery Center, Ltd. et al

Filing 36

ORDER DISMISSING Plaintiff's seventh claim With Prejudice. Plaintiff's remaining state-law claims in this matter are remanded to the Eighth Judicial District Court of Clark County, Nevada. Signed by Chief Judge Gloria M. Navarro on 4/29/2019. (Copies have been distributed pursuant to the NEF, cc: Certified Docket Sheet to State Court - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

PAUL B. CANALE, M.D.,
4
5
6
7
8
9
10

)
)
Plaintiff,
)
vs.
)
)
SAHARA OUTPATIENT SURGERY
)
CENTER, LTD., a Nevada limited partnership, )
et al.,
)
)
Defendants.
)

Case No.: 2:18-cv-01020-GMN-VCF
ORDER

On April 17, 2018, Plaintiff filed a Complaint against Defendants Sahara Outpatient

11

Surgery Center, Ltd, Surgicare of Las Vegas, Inc., and Lance Hickman (collectively

12

“Defendants”), alleging the following causes of action: (1) breach of contract; (2) breach of the

13

implied covenant of good faith and fair dealing; (3) declaratory relief; (4) accounting; (5)

14

conversion; (6) breach of fiduciary duties; (7) securities fraud; and (8) punitive damages.

15

(Comp. ¶¶ 38–92, ECF No. 1). Defendants thereafter moved to dismiss Plaintiff’s Complaint,

16

which the Court granted in part and denied in part on March 30, 2019. (See Order, ECF No.

17

35). Specifically, the Court dismissed without prejudice Plaintiff’s claim for securities fraud

18

pursuant to 15 U.S.C. §78j(b), which was Plaintiff’s only claim under federal law and the sole

19

basis for the Court’s jurisdiction after the case had been removed from the Eighth Judicial

20

District Court of Clark County, Nevada. (Id. 10:5–18); (Pet. Removal 2:10–23, ECF No. 1).

21

The Court provided Plaintiff twenty-one days from that March 30, 2019 Order to amend the

22

federal securities fraud claim, or else the Court would dismiss the claim with prejudice and

23

remand the remaining state law claims to the Eighth Judicial District Court of Clark County,

24

Nevada. (Id. 10:16–12:8).

25

Page 1 of 2

1

More than twenty-one days have now passed since the Court’s March 30, 2019 Order,

2

and Plaintiff did not amend the federal securities fraud claim. Accordingly, for the reasons

3

stated in the Court’s Order, (ECF No. 35):

4

IT IS HEREBY ORDERED that Plaintiff’s seventh claim for securities fraud pursuant

5

to the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), is DISMISSED with

6

prejudice.

7
8

IT IS FURTHER ORDERED that Plaintiff’s remaining state-law claims in this matter
are remanded to the Eighth Judicial District Court of Clark County, Nevada.

9

The Clerk of Court shall close the case.

10

29
DATED this _____ day of April, 2019.

11
12
13

___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

14
15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2