Rosenblatt v. ST. John's Episcopal Hospital et al
| Lois Rosenblatt |
| ST. John's Episcopal Hospital, United States of America and "John Doe" M.D., and "Jane Doe" M.D. |
| 1:2011cv01106 |
| March 8, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Edward R. Korman |
| Cheryl L. Pollak |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
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ORDER granting in part and denying in part 8 Motion to Remand to State Court; granting in part and denying in part 12 Motion to Dismiss; granting in part and denying in part 12 Motion to Remand. Because the United States was properly substi tuted as a defendant in the place of Dr. Rahman and because the plaintiff failed to exhaust her administrative remedies before bringing this suit, the governments motion to dismiss for lack of subject matter jurisdiction is GRANTED. Because the Atto rney Generals scope-of-employment certification is conclusive for purposes of removal, the plaintiffs motion to remand her claims against the United States is DENIED, but her motion to remand her claims against St. Johns and John and Jane Doe is GRAN TED. In other words, the plaintiffs claims against the United States are dismissed without prejudice, whereas her claims against the remaining defendants are remanded to the New York Supreme Court, Queens County. Ordered by Senior Judge Edward R. Korman on 1/31/2012. (Bedoya, Natalie)
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