Scott J. Miscovich, M.D. LLC et al v. University Health Alliance
| Scott J. Miscovich, M.D. LLC and Windward Urgent Care Services, LLC |
| University Health Alliance |
| 1:2022cv00033 |
| January 21, 2022 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 20 Clerk's Office Transmittal Letter to the First Circuit Court for the State of Hawaii re ECF No. #19 ORDER (1) GRANTING IN PART AND DENYING IN PART MOTION FOR REMAND; AND (2) REMANDING ACTION TO STATE CIRCUIT COURT, dated February 18, 2022. (eta) |
Filing 19
ORDER (1) GRANTING IN PART AND DENYING IN PART MOTION FOR REMAND; AND (2) REMANDING ACTION TO STATE CIRCUIT COURT re #7 , #9 - Signed by JUDGE DERRICK K. WATSON on 2/18/2022. For the reasons set forth herein, the motion for remand, Dkt. No. 9, is GRANTED IN PART and DENIED IN PART. This case is REMANDED to the First Circuit Court for the State of Hawai'i, pursuant to Section 1447(c) of Title 28. Plaintiffs' motion for temporary restraining order and for preliminary injunction, Dkt. No. 7, is DENIED WITHOUT PREJUDICE as moot. The Clerk is instructed to mail a certified copy of this Order to the clerk of the First Circuit Court and then CLOSE this case. (eta)
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| Filing 18 CERTIFICATE OF SERVICE by Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC CERTIFICATE OF SERVICE (Re: First Amended Complaint; Demand for Jury Trial; Certificate of Service (filed 01/21/22) [Dkt 11] in Civil No. Civil No. 1CCV-21-0001611) (Fujichaku, Rex) |
| COURT'S CERTIFICATE of Service - a certified copy of #19 ORDER (1) GRANTING IN PART AND DENYING IN PART MOTION FOR REMAND; AND (2) REMANDING ACTION TO STATE CIRCUIT COURT and docket sheet shall be served by First Class Mail to First Circuit Court for the State of Hawaii on February 22, 2022. (eta) |
| Filing 17 EO: In light of the pending #9 Motion to Remand, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 2/23/2022 to 3/22/2022 at 9:30AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 16 Defendant University Health Alliance's Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Marie-Iha, Deirdre) Modified on 2/17/2022 (eta). |
| Filing 15 REPORT of Planning Meeting JOINT REPORT OF MEETING OF THE PARTIES. (Attachments: #1 Certificate of Service)(Fujichaku, Rex) |
| Filing 14 Scheduling Conference Statement PLAINTIFFS SCHEDULING CONFERENCE STATEMENT. (Attachments: #1 Certificate of Service)(Fujichaku, Rex) |
| Filing 13 REPLY in Support re #9 MOTION to Remand to State Court PLAINTIFFS MOTION FOR REMAND PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION FOR REMAND, FILED JANUARY 26, 2022 [ECF 9] filed by Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex) Modified on 2/9/2022 (eta). |
| Filing 12 MEMORANDUM in Opposition re #9 MOTION to Remand to State Court PLAINTIFFS MOTION FOR REMAND filed by University Health Alliance. (Attachments: #1 Certificate of Service)(Marie-Iha, Deirdre) |
| Filing 11 ANSWER to Complaint filed December 30, 2021 by University Health Alliance. (Attachments: #1 Certificate of Service)(Marie-Iha, Deirdre) |
| Filing 10 EO: On January 26, 2022, Plaintiffs filed a motion to remand this case to state court. Dkt. No. 9. Briefing with respect to the motion to remand will be as follows: any response is due on or before February 2, 2022; any reply is due on or before February 9, 2022. The Court will determine whether a hearing is necessary after briefing is complete. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 9 MOTION to Remand to State Court PLAINTIFFS MOTION FOR REMAND Rex Y. Fujichaku appearing for Plaintiffs Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Scott J. Miscovich, M.D., #3 Declaration of Rex Y. Fujichaku, #4 Exhibit A, #5 Certificate of Service)(Fujichaku, Rex) |
| Filing 8 EO: On January 21, 2022, Defendant United Health Alliance (UHA) removed this case from State court on the basis of federal question jurisdiction under 28 U.S.C. Section 1331. Dkt. No. 1. On January 25, 2022, Plaintiffs Scott Miscovich and Windward Urgent Care Services, LLC (collectively, Plaintiffs) filed two documents: (1) an objection to this Court's alleged federal question jurisdiction (objection); and (2) a motion for temporary restraining order and preliminary injunction (TRO motion). Dkt. Nos. 6-7. In summary, in the foregoing, while Plaintiffs object to the notion of federal subject matter jurisdiction existing in this case, Plaintiffs nonetheless move for relief from this federal Court. However, if subject matter jurisdiction is as Plaintiffs contend, this Court would have no power to enter the relief Plaintiffs seek. See Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006); Zepeda v. U.S. Immigration & Naturalization Serv., 753 F.2d 719, 727 (9th Cir. 1983) ("A federal court may issue an injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the claim...."); Wielgos v. Idaho Bd. of Land Comm'rs, 2016 WL 3640609, at *3 (D. Idaho June 29, 2016) ("Clearly, a district court may not grant a preliminary injunction if it lacks subject matter jurisdiction over the case before it."). Therefore, in light of the disputed nature of this Court's subject matter jurisdiction and the Court's independent obligation to determine the same, at this juncture, the Court will take no action on the TRO motion. Instead, irrespective of Local Rule 7.8, Plaintiffs are instructed to promptly file any motion to remand this action due to the Court's alleged lack of federal question jurisdiction. In other words, with respect to a motion to remand only, provided that a conference of counsel takes place, Plaintiffs are granted leave to file a motion to remand at any time before the seven-day period in Local Rule 7.8 expires. After the filing of any motion to remand, the Court will set a briefing schedule with respect to the same. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 7 Plaintiffs' MOTION for Temporary Restraining Order and for Preliminary Injunction Rex Y. Fujichaku appearing for Plaintiffs Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Scott J. Miscovich, M.D., #3 Declaration of Gerilyn Agliam, #4 Declaration of Rene Pagaoa, NCMA, #5 Declaration of Leeann Palea, #6 Declaration of Janet Nguyen, #7 Declaration of Rex Y. Fujichaku, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Errata Exhibit 12, #20 Exhibit 13, #21 Errata Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Certificate of Compliance, #30 Certificate of Service)(Fujichaku, Rex) Modified on 1/26/2022 (eta). |
| Filing 6 OBJECTION PLAINTIFFS OBJECTION TO JURISDICTION filed by Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC. (Attachments: #1 Errata Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Fujichaku, Rex) Modified on 1/26/2022 (eta). |
| Filing 5 Corporate Disclosure Statement by Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC identifying Other Affiliate Scott J. Miscovich, M.D. LLC for Scott J. Miscovich, M.D. LLC, Windward Urgent Care Services, LLC.. (Attachments: #1 Certificate of Service)(Fujichaku, Rex) Modified on 1/26/2022 (eta). |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/23/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/21/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00033 DKW-WRP on all further pleadings. (eta) |
| Filing 2 Corporate Disclosure Statement by University Health Alliance. (Marie-Iha, Deirdre) |
| Filing 1 NOTICE OF REMOVAL by University Health Alliance from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-21-0001611. ( Filing fee $ 402 receipt number AHIDC-2633005), filed by University Health Alliance. (Attachments: #1 Declaration Declaration of Counsel, #2 Exhibit A (Complaint; Demand for Jury Trial; Summons) , #3 Exhibit B, #4 Civil Cover Sheet, #5 Certificate of Service)(Marie-Iha, Deirdre) Modified on 1/21/2022 (eta). |
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