Parks et al v. Watkins et al
| Chiya Nichole Parks and Bogart Mumford Parks |
| Robert R. Watkins, Hamakua Health Center, Inc. and United States of America |
| 1:2011cv00594 |
| September 29, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| ALAN C KAY |
| RICHARD L. PUGLISI |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1346 |
| Both |
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Filing
99
ORDER DENYING PLAINTIFFS' MOTION FOR THE FEDERAL COURT TO RETAIN JURISDICTION (DOC. 88 ) AND VACATING THE JUDGMENTS ON THE MOTIONS FOR SUMMARY JUDGMENT (DOCS. 44 and 72 ) IN THE COURTS ORDER ISSUED ON AUGUST 31, 2012 (DOC. 84 ) . S igned by JUDGE HELEN GILLMOR on 1/31/2013. ~ The Court must dismiss the state law claims because the Court did not have original jurisdiction over any claims in the action. There is no authority for the Court to exercise supplementa l jurisdiction. The rulings on PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 44) and DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES, set forth in the Order issued on August 31, 2012, are VACATED . PLAINTIFFS MOTION FOR THE FEDERAL COURT TO RETAIN JURISDICTION (Doc. 88) is DENIED. The remaining claims are DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is directed to close the case. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified to create links on 1/31/2013 (ecs, ). Modified on 1/31/2013 (ecs, ).
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Filing
84
ORDER GRANTING DEFENDANTS UNITED STATES OF AMERICA AND HAMAKUA HEALTH CENTER, INC., D/B/A KOHALA FAMILY HEALTH CENTER'S MOTION TO DISMISS AMENDED COMPLAINT (DOC. 32 ) AND DENYING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 44 ) AND DE NYING DEFENDANT ROBERT R. WATKINS, M.D.'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS' CLAIM FOR PUNITIVE DAMAGES (DOC. 72 ). Signed by JUDGE HELEN GILLMOR on 8/31/2012. ~ (1) The evidence in the record indicates that t he Court lacks subject matter jurisdiction over Defendants Hamakua Health Center and the United States of America. (A) DEFENDANTS UNITED STATES OF AMERICA AND HAMAKUA HEALTH CETNER, INC. d/b/a KOHALA FAMILY HEALTH CENTERS MOTION TO DISMISS AMENDED CO MPLAINT (Doc. 32), filed on April 9, 2012 is GRANTED. (B) All allegations against Defendants Hamakua HealthCenter and the United States of America areDISMISSED WITHOUT PREJUDICE.(C) The only remaining defendant in the matter isDefendant Watkins.(2) There are material issues of disputed fact thatpreclude summary judgment against Defendant Watkins onthe issue of medical negligence. PLAINTIFFS' MOTIONFOR PARTIAL SUMMARY JUDGMENT (Doc. 44), filed on May31, 2012 is DENIED.(3) There are material issues of disputed fact concerningwhether Defendant Watkins's alleged medical negligencewarrant punitive damages. DEFENDANT ROBERT R. WATKINS,M.D.'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS' CLAIM FOR PUNITIVE DAMAGES (Doc. 7 2), filed onAugust 6, 2012, is DENIED. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the 9/4/2012
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