Louisiana Record

Thursday, February 27, 2020

Court declines to amend complaint against New Orleans Regional Physician Hospital

By Carrie Bradon | Jul 1, 2019

General court 08

NEW ORLEANS — A U.S. district court has dismissed a healthcare company's contention that parties in a lawsuit filed against New Orleans Regional Physician Hospital Organization Inc., et al, are completely diverse.

Nola Health Solutions LLC, et al, filed a complaint on June 7 in the U.S. District Court for the Eastern District of Louisiana. The court dismissed the plaintiff’s complaint as they have found the parties in question to not be completely diverse.

The plaintiff originally filed a complaint against the defendant on July 26, 2018, which the court dismissed for lack of subject-matter jurisdiction because the plaintiff failed to allege there was diversity of citizenship between the parties. 

The plaintiff amended a complaint, alleging breach of contract, contractual fraud, bad faith breach of oral contract, detrimental reliance and unjust enrichment. 

The defendant argues the court lacks jurisdiction over the matter, however, because one of their members, Dr. Kevin Roache, is a citizen of Florida. The plaintiffs oppose this motion.

The court has found that the parties are not completely diverse and dismissed the plaintiff's complaint without prejudice.

The U.S. District Court for the Eastern District of Louisiana Case No. is 2:18-CV-07007.

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New Orleans Regional Physician Hospital Organization Inc PAC ("PHNPAC")