Babilon v. Silverman, M.D. et al
| Thomas Babilon |
| Robert K. Silverman, M.D., Kenroy Scott, M.D., Steven Solano, M.D., Liliane S. El-Kassis, M.D., Sarah Robinson, R.N., Diane C. Goode, R.N.C., Danelle Atkins, R.N., Christopher C. Medina, M.D., Marc P. Duhaime, D.O., Casey Riggs, R.N., John/Jane Doe, #1, John/Jane Doe, #2, John/Jane Doe, #3, Marjorie L. Aubry, University OB/GYN Associates, Inc., Crouse Hospital, Crouse Health Hospital, Inc. and Crouse Health System, Inc. |
| 5:2016cv00497 |
| April 27, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Andrew T. Baxter |
| Thomas J. McAvoy |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1441 |
| None |
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| Document Text |
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Filing
32
JUDGMENT: The Government's Motion to (1) substitute the United States as defendant for Kenroy Scott, M.D., and (2) dismiss the action against the United States for failing to exhaust administrative remedies is GRANTED. The United States is sub stituted as a defendant for Kenroy Scott, M.D., and all claims against the United States are dismissed for failure to exhaust administrative remedies before commencing suit. Plaintiff's Cross-Motion to remand the action to state court is GRANTED IN PART and DENIED IN PART. The motion is granted in that all claims against all defendants, except as against Defendant Kenroy Scott, M.D., are remanded to the Supreme Court, County of Onondaga, State of New York. The motion is denied as the claims against Defendant Kenroy Scott, M.D. (mc)
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Filing
31
DECISION AND ORDER: For the reasons stated herein, the Government's # 11 Motion to (1) substitute the United States as defendant for Kenroy Scott, M.D., and (2) dismiss the action against the United States for failing to exhaust administrative remedies is GRANTED. The United States is substituted as a defendant for Kenroy Scott, M.D., and all claims against the United States are dismissed for failure to exhaust administrative remedies before commencing suit. Plaintiff's # 19 Cross- Motion to remand the action to state court is GRANTED IN PART and DENIED IN PART. The motion is granted in that all claims against all defendants, except as against Defendant Kenroy Scott, M.D., are remanded to the Supreme Court, County of Onondaga, State of New York. The motion is denied as the claims against Defendant Kenroy Scott, M.D. Signed by Senior Judge Thomas J. McAvoy on 11/21/2016. (mc)
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