United States District Court, N.D. New York
JOHN B. CASEY, ESQ., LAUREN S. OWENS, ESQ., Dreyer, Boyajian Law Firm, Albany, NY, for the Plaintiffs.
JAMES E. CULLUM, ESQ., JASON T. BRITT, ESQ., Glens Falls Hospital, McPhillips, Fitzgerald Law Firm, Glens Falls, NY.
THOMAS J. MORTATI, ESQ., Glens Falls Obstetrics &, Gynecology Center, P.C., Michael, Guido, M.D., Douglas Provost, M.D., ereena Coombes, M.D., Marybeth, Manrique, CNM, Burke, Scolamiero Law Firm, Albany, NY.
DIANE LUFKIN SCHILLING, ESQ., RICHARD R. MAGUIRE, ESQ., Adirondack Neurology Associates, P.C., Monica Burke, D.O., Maguire, Cardona Law Firm, Menands, NY.
RANDALL J. EZICK, ESQ., D'Agostino, Krackeler Law Firm, Sage Mansion, Menands, NY.
TERENCE P. O'CONNOR, ESQ., MICHELE M. MONSERRATE, ESQ., Warren Anesthesiologists, P.C., Patrick Gerdes, M.D., John Leary, M.D., O'Connor, O'Connor Law Firm, 20 Corporate Woods Boulevard, Albany, NY.
KAREN FOLSTER LESPERANCE, Assistant United States Attorney, Mackenzie Jones, CNM, HON. RICHARD J. HARTUNIAN, United States Attorney, James T. Foley U.S. Court House, Albany, NY, for the Defendants.
MEMORANDUM-DECISION AND ORDER
GARY L. SHARPE, Chief District Judge.
Plaintiffs Christina Coalts-Young and Daniel Young commenced this action against multiple defendants, including Mackenzie Jones, CNM,  alleging negligence and medical malpractice claims. ( See generally Compl., Dkt. No. 1, Attach. 2 at 4-12.) After the complaint was filed in New York state court, the United States, on behalf of Jones, removed the action to this court pursuant to 28 U.S.C. § 1441 and the Federal Tort Claims Act (FTCA). (Dkt. No. 1.) Pending are the United States' motion to substitute itself as a defendant in place of Jones, and to dismiss the claims against it for lack of subject matter jurisdiction, (Dkt. No. 8), and plaintiffs' crossmotion to remand, (Dkt. No. 20). For the reasons that follow, the United States' motion is granted, and, although not for the reasons articulated by plaintiffs, plaintiffs' motion to remand is also granted.
Between May 3, 2010 and May 4, 2010, Coalts-Young delivered her son at Glens Falls Hospital ("the Hospital"), and subsequently suffered a post-partum stroke. ( See generally Compl.) Plaintiffs allege that defendants were negligent and committed medical malpractice in their provision of care to Coalts-Young. ( Id. ) As a result of defendants' negligence, Coalts-Young claims that she has suffered severe and permanent personal injuries. ( Id . ¶ 23.)
B. Procedural History
On October 2, 2012, plaintiffs commenced this action in New York State Supreme Court in Warren County. (Compl.) On March 12, 2014, the United States removed the action to this court, (Dkt. No. 1), and on March 19, 2014, the United States filed its now pending motion to substitute and dismiss, (Dkt. No. 8). In response, plaintiffs filed a crossmotion to remand, and, alternatively, argued that a hearing or limited discovery was necessary in order to determine whether substitution is appropriate. (Dkt. No. 20, Attach. 1 at 4-5.) ...