The breach of contract civil lawsuit filed by an Indiana doctor against New Care Clinics and Skiff Medical Center Foundation is being sent back to Jasper County District Court after a federal judge questioned whether the federal court system was the proper venue to hear the matter.
Late last month, U.S. District Judge Stephanie Rose ordered attorneys for New Care and Skiff to "show cause" why the case brought by Dr. Mark C. Jones should continue in the federal court system. She noted it appeared federal rules precluded moving the case from the state system because the defendants in the case are both citizens of Iowa, the state where the action was brought.
"It appears that this Court lacks subject matter jurisdiction in this case," Rose wrote.
Judge Rose offered attorneys for New Care and Skiff to argue to retain the case in the federal system, but both defendants deferred and agreed to have the case remanded to Jasper County.
Jones filed suit against Pella-based New Care and Skiff claiming the two entities breached the physician recruitment and physician employment agreements entered into late last year by terminating them without proper notice.
Jones is seeking the approximate half million dollars he would have been paid under the terms of the two-year agreement.