Atesom v. Guam Memorial Hospital Authority et al
||Guam Memorial Hospital Authority and Theodore Lewis
||October 9, 2015
||US District Court for the District of Guam
||Frances M. Tydingco-Gatewood
||Joaquin V.E. Manibusan
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|September 30, 2016
Decision and Order on Objections to Magistrate Judge's Report and Recommendation. Order granting 5 Motion to Dismiss; finding as moot 7 Cross Motion for Summary Judgment; adopting in part and modifying in part 17 Report and Recommendations. Atesom's Complaint is hereby dismissed, with leave to amend her third through fifth claims within 21 days of the date of this order. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/30/2016. (vtk)
|March 2, 2016
Report And Recommendations re 5 Motion to Dismiss pursuant to FRCP 12(b)(1) filed by Guam Memorial Hospital Authority, Theodore Lewis, 7 Cross Motion for Summary Judgment filed by Tairin Atesom. The undersigned recommends the Chief Judge gran t the Defendants' Motion to Dismiss on the grounds that this court lacks subject matter jurisdiction over the action. The court lacks federal question jurisdiction because the Plaintiff has failed to meet her burden of showing that her claims &q uot;arise under" federal law. Second, the court lacks diversity jurisdiction because the parties are not citizens of different states and because the Plaintiff has failed to satisfy the jurisdictional amount requirement. Additionally, because t he court's finding that it lacks subject matter jurisdiction is dispositive, the court declines to address the arguments raised in the Defendants' motion and the Plaintiff's Cross Motion for Partial Summary Judgment. Without subject ma tter jurisdiction over the claims, the court has no authority to grant the relief sought by the Plaintiff. Thus, the undersigned recommends the Plaintiff's cross motion be dismissed as moot. Objections to R&R due by 3/16/2016. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 3/2/2016. (fad, ) **Modified on 3/3/2016 to edit docket text** (fad, ).
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