Opinion
Case No: 08-1138-JTM-KMH.
July 17, 2008
Bradley J. Prochaska, Prochaska, Giroux, Howell, Wichita, KS, Attorney for Plaintiff Larissa Cervantes.
Janet M. Simpson, Holbrook Osborn, P.A., Overland Park, KS, Attorney for Defendant Labette Health Foundation.
Leigh C. Hudson, Hudson Mullies, LLC, Fort Scott, KS, Attorney for Defendant Dixit.
Maggie L. Nigro, Husch, Blackwell, Sanders, LLP, Kansas City, MO, Attorneys for The Children'.
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS
NOW on this 17th day of July, 2008, this matter comes before the Court on defendants' motions to dismiss due to lack of diversity jurisdiction. Plaintiff appears by and through her counsel Brad Prochaska of The Law Office of Prochaska, Giroux, and Howell. Defendant, Labette Health Foundation, by and through its counsel, Janet M. Simpson of Holbrook Osborn P.A., Defendant Dr. Manish Dixit, by and through Leigh C. Hudson of Hudson Mullies, LLC, and Defendant Children's Mercy Hospital, by and through Maggie L. Nigro of Husch, Blackwell, Sanders, LLP. There are no other appearances and none further are required.
THEREUPON, THE Court, having reviewed the Motions of defendants, FINDS, ORDERS, AND ADJUDGES as follows:
Due to jurisdictional issues, the Plaintiff was unable to bring all the necessary parties before a single state court. As a result, the Plaintiff in good faith filed this action in this Court in the hope that all the necessary parties could be joined in a single action. However, after thorough recent research, it has become evident that this will not be possible due to the requirement for complete diversity.
WHEREFORE, the Court grants the defendants' motions to dismiss due to lack of diversity jurisdiction and dismisses plaintiff's action without prejudice. It is also stipulated between the parties that the dismissal is pursuant to Rule 41(a)(1)(ii).
IT IS BY THE COURT SO ORDERED.