IGNONT v. NORTHSIDE HOSPITAL
| IGNONT and BARBARA ANN IGNONT |
| NORTHSIDE HOSPITAL, GWINNETT HOSPITAL SYSTEM, INC. and EMORY UNIVERSITY HOSPITAL MIDTOWN |
| 1:2017cv00317 |
| February 22, 2017 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Emmet G Sullivan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 25
ORDER denying #22 plaintiff's motion for reconsideration. The Clerk of the Court is directed to mail a copy of the Order to plaintiff's address of record. Signed by Judge Emmet G. Sullivan on February 9, 2018. (lcegs2)
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| Filing 24 Memorandum in opposition to re #22 MOTION for Reconsideration re Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,, Order on Motion to Appoint Counsel,,,,,, filed by GWINNETT HOSPITAL SYSTEM, INC.. (Green, Alexander) |
| Filing 23 RESPONSE re #22 MOTION for Reconsideration re Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,, Order on Motion to Appoint Counsel,,,,,, filed by NORTHSIDE HOSPITAL. (DeVinney, William) |
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Filing 22
MOTION for Reconsideration re Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Appoint Counsel by BARBARA ANN IGNONT. "Let this be filed. Defendants are directed to respond by no later than January 10, 2018" signed by Judge Emmet G. Sullivan on 11/27/2017 (jf)
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MINUTE ORDER granting #6 , #11 defendants' motions to dismiss for lack of jurisdiction. "[F]ederal courts, being courts of limited jurisdiction, must assure themselves of jurisdiction over any controversy they hear[.]" Noel Canning v. NLRB, 705 F.3d 490, 496 (D.C. Cir. 2013). Federal district courts have jurisdiction in "civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 1331. In addition, federal district courts have jurisdiction in civil actions "where the matter in controversy exceeds the sum or value of $75,000... and is between citizens of different States." 28 U.S.C. 1332(a). Here, because plaintiff's personal-injury action does not articulate any claims arising under the United States Constitution, treaties, or federal law, plaintiff fails to raise a federal question. See Compl., ECF No. 1. Furthermore, it is uncontested that, at the time of filing this complaint, plaintiff was a Georgia resident and the defendants were hospitals doing business in the state of Georgia. See Compl. at 1. Therefore, plaintiff has failed to establish diversity jurisdiction. Accordingly, plaintiff's case is dismissed without prejudice to refiling in a court of competent jurisdiction. See, e.g., Kier Bros. Investments Inc. v. White, 943 F. Supp. 1, 3 (D.D.C. 1996). Plaintiff's #19 renewed motion to appoint counsel is denied as moot. Signed by Judge Emmet G. Sullivan on October 11, 2017. (lcegs2)
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| Filing 21 NOTICE OF SUPPLEMENTAL AUTHORITY by NORTHSIDE HOSPITAL (DeVinney, William) |
| Filing 20 NOTICE of Appearance by Alexander Richard Green on behalf of GWINNETT HOSPITAL SYSTEM, INC. (mac) |
| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 9/26/2017. (Court Reporter SCOTT WALLACE.) (mac) |
| Filing 19 MOTION to Appoint Counsel by BARBARA ANN IGNONT (jf) |
| Set/Reset Hearings: Status Conference set for 9/26/2017 at 2:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. Due to the Court's calendar, it is necessary to reschedule the status conference currently scheduled for September 12, 2017. The status conference will now take place on September 26, 2017 at 2:30 pm in Courtroom 24A. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on September 8, 2017. (lcegs2)
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| Filing 18 Witness Statement by Plaintiff. "Let this be filed" signed by Judge Emmet G. Sullivan on 06/22/2017 (jf) |
| Filing 17 Documents for the Court and Subpoenas for Witnesses by BARBARA ANN IGNONT. "Let this be filed" signed by Judge Emmet G. Sullivan on 06/22/2017 (jf) |
| SUMMONS (3) REISSUED as to EMORY UNIVERSITY HOSPITAL MIDTOWN, GWINNETT HOSPITAL SYSTEM, INC., NORTHSIDE HOSPITAL (js) |
| Set/Reset Hearings:(Status Conference set for 9/12/2017 at 01:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. In light of #16 plaintiff's response indicating that she requires additional time to seek legal counsel, the Court HEREBY STAYS all proceedings until September 12, 2017. The Court will hold a status hearing on September 12, 2017 at 1:30 PM in Courtroom 24A. Plaintiff is advised that failure to appear at the status hearing may result in dismissal of her case. Signed by Judge Emmet G. Sullivan on June 2, 2017. (lcegs2)
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| Filing 16 RESPONSE re #11 MOTION to Dismiss filed by BARBARA ANN IGNONT. (jf) |
| Filing 15 NOTICE of Appearance by William Thomas DeVinney on behalf of NORTHSIDE HOSPITAL (DeVinney, William) |
| Set/Reset Deadlines: Plaintiff Response To Motion To Dismiss due by 4/14/2017. (mac) |
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Filing 14
ORDER directing the plaintiff to file a response to the pending motion to dismiss by no later than April 14, 2017. Signed by Judge Emmet G. Sullivan on 4/7/2017. (lcegs4)
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MINUTE ORDER denying #13 defendant's motion for an oral hearing without prejudice. The Court will schedule a hearing if necessary to resolve the pending motion to dismiss. The defendant is reminded that Local Civil Rule 7(m) imposes upon parties the duty to confer prior to filing any nondispositive motion. Signed by Judge Emmet G. Sullivan on 4/7/2017. (lcegs4)
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| Filing 13 MOTION for Hearing by GWINNETT HOSPITAL SYSTEM, INC. (Attachments: #1 Text of Proposed Order Proposed Order granting Request for Hearing)(Coel, M.) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EMORY UNIVERSITY HOSPITAL MIDTOWN served on 2/28/2017, answer due 3/21/2017; GWINNETT HOSPITAL SYSTEM, INC. served on 2/27/2017, answer due 3/20/2017; NORTHSIDE HOSPITAL served on 2/28/2017, answer due 3/21/2017 (jf) |
| Filing 11 MOTION to Dismiss by NORTHSIDE HOSPITAL (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B)(DeLaquil, Mark) |
| Filing 10 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NORTHSIDE HOSPITAL (DeLaquil, Mark) |
| Filing 9 NOTICE of Appearance by Mark Wendell DeLaquil on behalf of NORTHSIDE HOSPITAL (DeLaquil, Mark) |
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MINUTE ORDER granting #7 , #8 motions for leave to appear pro hac vice. Ryan Michael O. Donihue and David J. Younker are hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 3/17/2017. (lcegs4)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Younker, :Firm- Hall Booth Smith, PC, :Address- 191 Peachtree Street, Suite 2900, Atlanta, GA 30303. Phone No. - (404) 954-6973. Fax No. - (404) 954-5020 Filing fee $ 100, receipt number 0090-4877904. Fee Status: Fee Paid. by Gwinnett Hospital System, Inc. (Attachments: #1 Exhibit A - Declaration of David J. Younker, #2 Text of Proposed Order)(Coel, M.) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan Michael O. Donihue, :Firm- Hall Booth Smith, PC, :Address- 191 Peachtree Street, Suite 2900, Atlanta, GA 30303. Phone No. - (404) 954-6948. Fax No. - (404) 954-5020 Filing fee $ 100, receipt number 0090-4877878. Fee Status: Fee Paid. by Gwinnett Hospital System, Inc. (Attachments: #1 Exhibit A - Declaration of Ryan Donihue, #2 Text of Proposed Order)(Coel, M.) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Gwinnett Hospital System, Inc. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Text of Proposed Order Proposed Order granting Motion to Dismiss with Prejudice)(Coel, M.) |
| Filing 5 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Gwinnett Hospital System, Inc. (Coel, M.) |
| Filing 4 NOTICE of Appearance by M. Richard Coel on behalf of Gwinnett Hospital System, Inc. (Coel, M.) |
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MINUTE ORDER denying plaintiff's #2 motion to appoint counsel and #3 motion for a meeting with Judge Sullivan without prejudice. The Court recommends that the plaintiff contact the Lawyer Referral Service of the Bar Association of the District of Columbia for its assistance in obtaining counsel. The Court further recommends that the plaintiff consult the District of Columbia Bar website for information about its pro bono program. Signed by Judge Emmet G. Sullivan on 3/13/2017. (lcegs4)
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| Filing 3 MOTION for appointment with Judge Emmet G. Sullivan by BARBARA ANN IGNONT (jf) |
| Filing 2 MOTION to Appoint Counsel by BARBARA ANN IGNONT (jf) |
| Filing 1 COMPLAINT against NORTHSIDE HOSPITAL ( Filing fee $ 400, receipt number 4616083138) filed by BARBARA ANN IGNONT. (Attachments: #1 Civil Cover Sheet)(jf) |
| Summons (3) Issued as to NORTHSIDE HOSPITAL. (jf) |
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