DeVooght v. UnityPoint Health et al
| Scott Jeffrey DeVooght |
| UnityPoint Health QCM Pain Management Archana G Wagle, MD, Unity Point Health, QCM Pain Management and MD Archana G Wagle |
| 4:2018cv04197 |
| September 26, 2018 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to UnityPoint Health and QCM Pain Management on 11/14/2018. (Attachments: #1 Waiver) (LN, ilcd) |
TEXT ORDER entered by Judge Sara Darrow on November 14, 2018. On September 26, 2018, the Court directed Plaintiff to file an amended complaint that sufficiently alleged the Court's jurisdiction or risk dismissal. Plaintiff's #3 amended complaint alleges he is an Illinois citizen and that Defendant UnityPoint and QCM Pain Management, allegedly one entity, is an Iowa citizen. Compl. 1. He also alleges that Defendant's defamatory and false statements about material facts caused the Social Security Administration to deny his claim for disability benefits, which he values at $336,000. Id. at 1-2. Plaintiff has sufficiently alleged diversity jurisdiction and non-frivolous claims. Plaintiff did not name Archana Wagle in the amended complaint; therefore, she is dismissed from the litigation and the Clerk is directed to terminate her as a defendant. The #2 motion for leave to proceed in forma pauperis is GRANTED. The Clerk is directed to prepare a notice of lawsuit and request for waiver of service of summons form for Defendant, two copies of the waiver of the service of summons, one of which is to be signed by the Defendant or its counsel and returned to the Court within thirty days, a copy of the amended complaint, and a copy of this Order. These items shall be mailed to Defendant at the address shown on the amended complaint. (HR, ilcd)
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| Filing 3 AMENDED COMPLAINT filed by Scott Jeffrey DeVooght.(ED, ilcd) Modified on 10/11/2018 to reflect amended (ED, ilcd). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Scott Jeffrey DeVooght. Responses due by 10/10/2018. (LN, ilcd) |
| Filing 1 COMPLAINT against UnityPoint Health QCM Pain Management Archana G Wagle, MD, filed by Scott Jeffrey DeVooght. (Attachments: #1 Memorandum In Support of Complaint, #2 Certificate of Service)(LN, ilcd) (Additional attachment(s) added on 9/26/2018: #3 Exhibit) (LN, ilcd). |
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TEXT ORDER entered by Judge Sara Darrow on September 26, 2018. Plaintiff alleges slander and libel, both of which are state law claims, against UnityPoint, QCM Pain Management, and Archana Wagle. Federal courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it." Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010). For this Court to review state law claims, it must have some basis for jurisdiction--federal question and supplemental jurisdiction, 28 U.S.C. 1331, 1367, or diversity jurisdiction, 28 U.S.C. 1332. Diversity jurisdiction requires complete diversity of citizenship between the plaintiff and the defendant and an amount in controversy of at least $75,000. 28 U.S.C. 1332(a). "[C]itizenship... depends on domicile--that is to say, the state in which a person intends to live over the long run." Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). A corporation is "a citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business." 28 U.S.C. 1332(c)(1). "[T]he party seeking to invoke federal jurisdiction[] bears the burden of demonstrating that the requirements for diversity are met." Smart v. Local 702 Int'l Bhd. of Elec. Workers, 562 F.3d 798, 80203 (7th Cir. 2009). Plaintiff's complaint does not demonstrate jurisdiction exists because he has not properly alleged UnityPoint's citizenship. If it is a corporation, Plaintiff must allege its state of incorporation and principal place of business. Plaintiff has also not alleged Wagle's citizenship. Further, Plaintiff seeks only $10,000 in damages. If Plaintiff can cure the deficiencies identified here, he is directed to file an amended complaint by October 12, 2018. Plaintiff's damages estimate must reflect a "good faith, minimally reasonable belief" about the value of his claim. Neuma, Inc. v. AMP, Inc., 259 F.3d 864, 881 (7th Cir. 2001). If he cannot cure the deficiencies, he is directed to file a notice of dismissal pursuant to Rule 41(a)(1)(A)(i). If Plaintiff fails to file an amended complaint, his case will be dismissed. See Fed. R. Civ. P. 41(b). (HR, ilcd)
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