Momou v. SSM Healthcare of Wisconsin

CourtCourt of Appeals for the Tenth Circuit
DecidedMay 21, 2024
Docket23-3167
StatusUnpublished

This text of Momou v. SSM Healthcare of Wisconsin (Momou v. SSM Healthcare of Wisconsin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Momou v. SSM Healthcare of Wisconsin, (10th Cir. 2024).

Opinion

Appellate Case: 23-3167 Document: 010111053036 Date Filed: 05/21/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 21, 2024 _________________________________ Christopher M. Wolpert Clerk of Court GNAMIEN C. MOMOU,

Plaintiff - Appellant,

v. No. 23-3167 (D.C. No. 6:22-CV-01175-JAR-GEB) SSM HEALTHCARE OF WISCONSIN, (D. Kan.) INC., d/b/a SSM HEALTH ST. MARY’S HOSPITAL,

Defendant - Appellee. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MORITZ, ROSSMAN, and FEDERICO, Circuit Judges. _________________________________

Plaintiff Gnamien Momou appeals the district court’s grant of summary

judgment in favor of defendant SSM Healthcare of Wisconsin, Inc., dba SSM Health

St. Mary’s Hospital (SSM). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we

affirm the district court’s judgment.

* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-3167 Document: 010111053036 Date Filed: 05/21/2024 Page: 2

I

Acting pro se, Momou filed an amended complaint against SSM on May 1,

2023. Momou alleged that his wife was diagnosed with cancer in August, 2016, and

that SSM’s actions in treating his wife’s cancer ultimately led to her death in March

2020.1 Notably, Momou conceded in the amended complaint that he had previously

sued SSM in federal court in Wisconsin, as well as in Dane County (Wisconsin)

Circuit Court, and that both cases had been resolved against him. Momou requested

“the court to reopen [those] previous cases and summarily render judgment or

reassign [those] cases” to Chicago, where he was currently living.2 Id. at 8.

SSM moved for summary judgment, asserting that Momou’s “claims [we]re

barred by the doctrine of claim preclusion, th[e] Court lack[ed] personal jurisdiction

over SSM . . . , and venue [wa]s improper in” the district court. Id. at 63. In support,

SSM included a statement of uncontroverted facts, which Momou neither responded

to nor controverted.

SSM’s statement of uncontroverted facts established that on January 8, 2020,

Momou filed an action in federal district court in Wisconsin and asserted “claims of

1 The body of the amended complaint also referred to a “Dr. John Doe” and “Radiologist John Doe,” but did not specifically name Doe as a defendant. R. at 9, 19. Because the amended complaint was styled as “Amended Complaint for Damages. Motion for Summary Judgement. Relief demanded. Motion to deny all Defendant’s Motions,” the district court clerk’s office docketed the pleading both as an amended complaint and as a motion for summary judgment. Id. at 8. The district court subsequently denied Momou’s motion for summary judgment without prejudice. 2 In the amended complaint, Momou listed his address as an apartment in Chicago. R. at 21. 2 Appellate Case: 23-3167 Document: 010111053036 Date Filed: 05/21/2024 Page: 3

state law medical malpractice and insurance law,” as well as claims under various

federal statutes, including the FTCA. Id. at 64. The Wisconsin federal court

ultimately dismissed Momou’s action for lack of subject matter jurisdiction,

concluding that “Momou’s claims sounded only in state law medical malpractice and

insurance law,” but “that there was no diversity of citizenship among the parties.”

Id. at 65. The Seventh Circuit affirmed the federal district court’s decision.

SSM’s statement of uncontroverted facts further established that while his

federal appeal was pending in the Seventh Circuit, Momou filed an action in

Wisconsin state court against SSM and other defendants asserting claims “under

Wisconsin medical malpractice law, the FTCA,” and various other federal statutes.

Id. at 66. The state court dismissed the federal claims for lack of subject matter

jurisdiction and granted summary judgment on Momou’s state law claims (1) in favor

of all defendants on statute of limitations grounds; and (2) in favor of SSM on the

merits. Specifically, the state court granted judgment to SSM on the merits because

it was merely a holding company and was not involved in the day-to-day operations

of the hospital. Momou thereafter filed two unsuccessful motions to reopen the state

court case but did not appeal the judgment.

Finally, SSM’s statement of uncontroverted facts established that Momou’s

wife “was treated for ovarian cancer at SSM Health St. Mary’s Hospital . . . in

Madison, Wisconsin,” and that all of Momou’s “claims ar[o]se out of the treatment

his wife received” there. Id. at 73.

3 Appellate Case: 23-3167 Document: 010111053036 Date Filed: 05/21/2024 Page: 4

The district court granted SSM’s motion for summary judgment and entered

final judgment in this case. First, the district court “agree[d] that claim preclusion

applie[d] to the [Wisconsin state court’s] decision granting summary judgment in

favor of SSM on the state law claims [Momou] asserted in that action.” Id. at 204.

In support, the district court found (1) “an identity between the parties” because

Momou sued SSM in the state court action, (2) “an identity of the causes of action,”

and (3) “[t]he [state court] granted summary judgment on the merits of the

malpractice claims.” Id. at 204–05.

But because the Wisconsin state court “did not rule on the merits of the[]

federal claims” and instead “dismissed them for lack of subject matter jurisdiction,”

the district court next considered SSM’s personal jurisdiction and venue challenges

to those claims. Id. at 205. Regarding personal jurisdiction, the district court noted

that because Momou’s “wife’s cancer diagnosis and treatment occurred in

Wisconsin” and “[a]ll of her medical records were generated in Wisconsin,” “the

only way [Momou] c[ould] establish” SSM’s “minimum contacts” with the State of

Kansas “[wa]s through general jurisdiction.” Id. at 206. The district court noted,

however, that SSM was “neither incorporated in nor ha[d] its princip[al] place of

business” in Kansas. Id. at 207. The district court also concluded that “the presence

of some [SSM] affiliates in the State of Kansas d[id] not meet the standard” of

contacts that “are so continuous and systematic as to render” SSM “essentially at

home in” Kansas. Id. (internal quotation marks omitted). The district court thus

concluded that Momou failed to “establish[] the requisite minimum contacts with

4 Appellate Case: 23-3167 Document: 010111053036 Date Filed: 05/21/2024 Page: 5

Kansas for personal jurisdiction over” SSM. Id. Lastly, the district court agreed with

SSM “that venue [wa]s improper in the District of Kansas,” id., because SSM did not

reside in Kansas, none of the events giving rise to Momou’s claims occurred in

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Momou v. SSM Healthcare of Wisconsin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/momou-v-ssm-healthcare-of-wisconsin-ca10-2024.