Full title: CHANDRA JOHNSON v. JACQUELINE CLEGGETT-LUCAS, M.D., et al
Court: United States District Court, E.D. Louisiana
Date published: Mar 12, 2003
Facts
On May 14, 2002, the plaintiff, Chandra Johnson (“Johnson”), filed a petition in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging that she sustained injuries as a result of ingestion of and addiction to OxyContin, a prescription medication. She sued Dr. Jacqueline Cleggett-Lucas, her physician who prescribed the OxyContin, J.C.L. Enterprises, L.L.C. (“JCL”), Dr. Cleggett-Lucas’ corporation which employed her, and Continental Casualty Company (“Continental”), which insured Dr. Cleggett-Lucas, alleging that they committed medical malpractice in conjunction with their treatment of the plaintiff. Plaintiff also sued Purdue Pharma, Inc., Purdue Pharma, L.P., Purdue Frederick Company, and Abbott Laboratories, Inc. (“Purdue-Abbott”), the manufacturers, designers, and marketers of OxyContin, alleging various state law claims. In addition, the plaintiff sued the Great Atlantic Pacific Tea Company, Inc., d/b/a/ Sav-A-Center, the pharmacy that filled the plaintiff’s OxyContin prescriptions, also alleging state law claims.
On June 20, 2002, Purdue-Abbott filed a timely notice of removal, alleging that this Court has jurisdiction because diversity of citizenship exists. Purdue-Abbott alleges that the health care provider defendants, Dr. Cleggett-Lucas, JCL, and Continental, are fraudulently joined. They argue that Johnson’s medical malpractice claim against them is prescribed on its face and that they should be allowed to conduct discovery on the prescription issue.
The plaintiff filed the instant motion to remand, arguing that the health care providers were not fraudulently joined and, therefore, this Court lacks subject matter jurisdiction.
Issue
whether the plaintiff will actually or even probably prevail on the merits. whether there is a possibility that the plaintiff may do so.
Decision
The Court finds that there is a possibility that the plaintiff has a cause of action against the non-diverse health care providers and, therefore, they were not fraudulently joined. Accordingly, for the above and foregoing reasons,
IT IS ORDERED that the motion of the plaintiff, Chandra Johnson, to remand is GRANTED. IT IS FURTHER ORDERED that the motion of defendants, Dr. Cleggett-Lucas, JCL, and Continental, for summary judgment is DENIED WITHOUT PREJUDICE to the defendants’ right to reurge the motion in state court.
IT IS FURTHER ORDERED that the request of defendants, Purdue Pharma, L.P., The Purdue Frederick Company, and Purdue Pharma, Inc., for leave to conduct discovery is DENIED.