United States District Court, S.D. New York
December 21, 2004.
MANDY ZHANG, et al. Plaintiffs,
MEI F. WONG, et al., Defendants.
The opinion of the court was delivered by: RICHARD HOLWELL, District Judge
MEMORANDUM OPINION AND ORDER
This is an action for damages allegedly suffered in connection
with medical care and treatment received by plaintiff Mandy Zhang
("Zhang") at the Charles B. Wang Community Health Center ("WCHC")
and Bellevue Hospital Center ("BHC"). Plaintiff brings the claim
against the treatment facilities themselves,*fn1 along with
eighteen individual facility employees allegedly involved in
Zhang's treatment, eight of whom were associated with the WCHC at
all relevant times.*fn2 On November 10, 2004, those eight
employees, together with the WCHC (collectively, the "Federal
Defendants") removed the action to federal court pursuant to
42 U.S.C. § 233(c) and 28 U.S.C. § 2679(d)(2).
On November 18, 2004, the United States filed a motion to (i)
substitute itself for the Federal Defendants with respect to
plaintiffs' medical malpractice claims and, upon substitution, (ii) dismiss the claims against the Federal
Defendants pursuant to Federal Rule of Civil Procedure 12(b)(1)
for lack of subject matter jurisdiction. Plaintiffs failed to
respond to the motion in a timely fashion as required by Local
Rules 6.1 and 7.1 of the United States District Court for the
Southern and Eastern Districts of New York.
Accordingly, because the Court agrees that the United States
should be substituted for the Federal Defendants, and also that
the case against the United States should be dismissed under
Fed.R.Civ.P. 12(b)(1), the United States' motion  is GRANTED.
Further, the Court finds that it lacks subject matter
jurisdiction over plaintiffs' remaining claims, and orders that
this case be REMANDED to New York State court to pursuant to
28 U.S.C. § 1447(c).*fn3 The Clerk of the Court is directed to
close the case.