Marra v. Hughes, M.D. et al
| Richard A. Marra |
| George B. Hughes, M.D., George B. Hughes, M.D. Family Medicine, PLLC, Schenectady Family Health Services, Inc., Ellis Hospital and Areta Pidwerbetsky, M.D. |
| 1:2011cv00400 |
| April 12, 2011 |
| US District Court for the Northern District of New York |
| Albany Office |
| Schenectady |
| David R. Homer |
| Glenn T. Suddaby |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1346 |
| None |
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Filing
6
MEMORANDUM-DECISION and ORDER: It is ORDERED that Schenectady Family Health Services, Inc.'s # 3 motion to substitute the United States for itself as a Defendant in this action is GRANTED. Schenectady Family Health Services, Inc.'s # 3 motion to dismiss Plaintiff's claims against the United States for lack of subject-matter jurisdiction is GRANTED to the extent that the motion requests the dismissal of those claims without prejudice; otherwise that motion is DENIED; and Plaint iff's claims against the United States are DISMISSED without prejudice for lack of subject-matter jurisdiction. Further ORDERED that the remaining claims in this action (Plaintiff's claims against Defendants George B. Hughes, M.D., George B. Hughes, M.D. Family Medicine, PLLC, Ellis Hospital, and Areta Pidwerbetsky, M.D.) are REMANDED to State Court. The Clerk is directed to forward a copy of the Decision & Order to the Clerk for the Schenectady County Supreme Court. Signed by Judge Glenn T. Suddaby on 7/21/2011. (mae)
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