Waddoups et al v. Noorda et al

Filing 101

MEMORANDUM DECISION and Order-The court therefore orders Plaintiffs to show cause on or before March 15, 2013 why this case should not be dismissed for lack of subject matter jurisdiction. Until the jurisdictional issue is addressed, the court will not rule on the pending motion for summary judgment. Signed by Judge Clark Waddoups on 3/6/13. (jmr)

UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION

MELISSA WADDOUPS and COREY
WADDOUPS,
Plaintiffs,

MEMORANDUM DECISION
AND ORDER

v.
BARRY A. NOORDA, M.D. et al.,
Defendants.

Case No. 1:11-cv-00133 CW
Judge Clark Waddoups

This matter is before the court on a motion for partial summary judgment filed by
Intermountain Healthcare Inc. d/b/a Logan Regional Hospital (“IHC”). Specifically, IHC moves for
summary judgment on Plaintiffs’ First Cause of Action for Negligence. Plaintiffs have filed a notice
of non-opposition to IHC’s motion because they found the motion well taken.
“Although neither party has challenged this district court’s jurisdiction, insofar as subject
matter jurisdiction is concerned, . . . a federal court must, sua sponte, satisfy itself of its power to
adjudicate in every case and at every stage of the proceedings.” State Farm Mut. Auto. Ins. Co. v.
Narvaez, 149 F.3d 1269, 1270–71 (10th Cir. 1998) (quotations and citation omitted). This case is
before the court on diversity jurisdiction. Plaintiffs have asserted claims against Does I–X, without
asserting their citizenship. “Generally, a plaintiff’s failure to make allegations about the state
citizenship of fictitiously named defendants destroys diversity jurisdiction and can lead to
dismissal.” Mountain Dudes, LLC v. Split Rock, Inc., No. 2:08-cv-940, 2011 U.S. Dist. LEXIS
3101, at *4 (Jan. 12, 2011) (citation omitted).

The court therefore orders Plaintiffs to show cause on or before March 15, 2013 why this
case should not be dismissed for lack of subject matter jurisdiction. Until the jurisdictional issue
is addressed, the court will not rule on the pending motion for summary judgment.
SO ORDERED this 6th day of March, 2013.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

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