Opinion
No. 2:04CV01041TC.
December 6, 2004
ORDER
On October 8, 2004, Plaintiff Mary McCluskey filed an action in the Third District Court, State of Utah, stemming from the actions of Defendant Randall Jones M.D. when Ms. McCluskey came to Dr. Jones for treatment. Ms. McCluskey alleges that Dr. Jones would not treat her until she signed an arbitration agreement.
Dr. Jones removed the action to this court on November 10, 2004. Dr. Jones contends that Ms. McCluskey brought her suit pursuant to Utah Code Annotated § 78-14-17, which governs arbitration agreements in medical malpractice. Dr. Jones argues the Federal Arbitration Act preempts § 78-14-17.
On November, 2004, the court ordered Dr. Jones to show cause why this action should not be dismissed for lack of subject matter jurisdiction as it appeared the Federal Arbitration Act would not apply because: (1) Ms. McCluskey did not sign the arbitration agreement; and (2) Ms. McCluskey does not allege a violation of Utah Code Annotated § 78-14-17. Dr. Jones responded to the order to show cause on November 30, 2004, and argues subject matter jurisdiction is proper because § 78-14-17 violates the contract and equal protection clauses of the United States Constitution.
While it appears Ms. McCluskey did indeed allege a violation of Utah Code Annotated § 78-14-17, the court is mindful that federal courts have a "duty to avoid deciding what we have no authority to decide." Estate of Harshman v. Jackson Hole Mountain Resort Corp., 379 F.3d 1161, 1164 (10th Cir. 2004) (citing Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 94-95 (1998)). Accordingly, the court wishes to more fully explore the subject matter jurisdiction of this case and orders Ms. McCluskey to file a response to Dr. Jones' response to the order to show cause within twenty-one (21) days. The court will then schedule a hearing for this matter.
SO ORDERED.