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SUGAR v. ENH MEDICAL GROUP

United States District Court, N.D. Illinois, Eastern Division
Sep 20, 2002
No. 02 C 5083 (N.D. Ill. Sep. 20, 2002)

Opinion

No. 02 C 5083

September 20, 2002


MEMORANDUM ORDER


ENH Medical Group ("ENH") has filed its Answer and Affirmative Defenses to the Americans with Disabilities Act lawsuit brought against it by Dr. Sam Sugar. This memorandum order is issued sua sponte to require ENH to flesh out its purported jurisdictional challenge set out in Answer ¶ 7 — as our Court of Appeals has reconfirmed in Cook v. Winfrey, 141 F.3d 322, 325 (7th Cir. 1998):

It is axiomatic that a federal court must assure itself that it possesses jurisdiction over the subject matter of an action before it can proceed to take any action respecting the merits of the action. "The requirement that jurisdiction be established as a threshold matter "spring[s] from the nature and limits of the judicial power of the United States' and is `inflexible and without exception.'" Steel Co. v. Citizens for a Better Environment, 118 S.Ct. 1003, 1012 (quoting Mansfield C. L.M.R. Co. v. Swan, 111 U.S. 379, 382).

To enable this Court to decide at the outset (as it should) whether or not subject matter jurisdiction is present here, ENH's counsel is ordered to file a brief memorandum in this Court's chambers on or before September 27, 2002 addressing that issue. This Court will then determine whether further steps may be needed in that regard.


Summaries of

SUGAR v. ENH MEDICAL GROUP

United States District Court, N.D. Illinois, Eastern Division
Sep 20, 2002
No. 02 C 5083 (N.D. Ill. Sep. 20, 2002)
Case details for

SUGAR v. ENH MEDICAL GROUP

Case Details

Full title:SAM J. SUGAR, Plaintiff v. ENH MEDICAL GROUP, Defendant

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Sep 20, 2002

Citations

No. 02 C 5083 (N.D. Ill. Sep. 20, 2002)