Matthias v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Matthias v. United States of America

Matthias v. United States of America

Plaintiff:	Janelle Matthias
Defendant:	United States of America
Case Number:	1:2018cv03568
Filed:	June 19, 2018
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Steven M. Gold
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Personal Inj. Med. Malpractice
Cause of Action:	28 U.S.C. § 1402 Medical Malpractice
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 31, 2020	Filing 26 MEMORANDUM and ORDER granting in part and denying in part 19 Motion to Dismiss. For the reasons addressed in the attached Memorandum and Order, the court GRANTS the government's motion to dismiss plaintiff's informed consent claim for la ck of subject matter jurisdiction pursuant to Rule 12(b)(1); plaintiff's wrongful death and loss of services claims for failing to state a claim upon which relief can be granted under Rule 12(b)(6); and plaintiff's negligence and medical ma lpractice claims on behalf of the estate of the deceased infant. The court DENIES the motion to dismiss plaintiffs negligence and medical malpractice claims in her individual capacity. The parties shall confer and jointly advise the court via ECF, no later than one week from the date of this decision, as to how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 7/31/2020. (Bose, Rhick)

Date Filed

Document Text

July 31, 2020

Filing 26 MEMORANDUM and ORDER granting in part and denying in part 19 Motion to Dismiss. For the reasons addressed in the attached Memorandum and Order, the court GRANTS the government's motion to dismiss plaintiff's informed consent claim for la ck of subject matter jurisdiction pursuant to Rule 12(b)(1); plaintiff's wrongful death and loss of services claims for failing to state a claim upon which relief can be granted under Rule 12(b)(6); and plaintiff's negligence and medical ma lpractice claims on behalf of the estate of the deceased infant. The court DENIES the motion to dismiss plaintiffs negligence and medical malpractice claims in her individual capacity. The parties shall confer and jointly advise the court via ECF, no later than one week from the date of this decision, as to how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 7/31/2020. (Bose, Rhick)

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Plaintiff: Janelle Matthias
Represented By:	Jeffrey Alan Guzman
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Defendant: United States of America
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