Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

ZHANG v. WONG

United States District Court, S.D. New York


December 21, 2004.

MANDY ZHANG, et al. Plaintiffs,
v.
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 [2] 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.

  SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.