Z.T. v. United States

Summary

The United States District Court for the Eastern District of California grants the United States’ Rule 12(b)(1) motion to dismiss claims arising from alleged medical malpractice because the plaintiffs did not exhaust administrative remedies under the Federal Tort Claims Act. The court substitutes the United States for Dr. Auther E. Adams under 28 U.S.C. § 2679(d)(2). The court remands the remaining state-law claims against Saint Agnes Medical Center to Fresno County Superior Court and closes the federal case.

Holdings

1. The claims against the United States must be dismissed for lack of subject matter jurisdiction because plaintiffs failed to exhaust the FTCA's administrative-claim requirement before filing suit.
2. The remaining state-law claims against Saint Agnes Medical Center must be remanded to Fresno County Superior Court because dismissal of the United States eliminated the sole stated basis for removal and no diversity jurisdiction was shown.
3. The United States was properly substituted as the defendant for Auther E. Adams pursuant to 28 U.S.C. § 2679(d)(2), based on the government's certification that Dr. Adams acted within the course and scope of federal employment.

Questions Presented

1. Whether the claims against the United States had to be dismissed for lack of subject matter jurisdiction because plaintiffs failed to exhaust the Federal Tort Claims Act's administrative remedies before filing suit.
2. Whether the remaining state-law claims against Saint Agnes Medical Center should be remanded after dismissal of the United States eliminated the sole stated basis for federal jurisdiction.
3. Whether the United States should be substituted for Auther E. Adams under 28 U.S.C. § 2679(d)(2) based on the government's scope-of-employment certification.

Disposition

remanded