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Dupervil v. Alliance Health Operations LCC

PREP Act Did Not Preempt Claims; Nursing Home Operators Not 'Federal Officers' for Removal

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MEMORANDUM & ORDER This case arises from the death of Plaintiff’s father, who passed away after contracting COVID-19 while residing at a nursing home in Brooklyn, New York. Plaintiff filed suit in state court against the nursing home and unnamed health care professionals working at the facility, asserting various state-law claims for negligence, gross negligence, wrongful death, malpractice, and violation of New York Public Health Law. Defendants removed the matter to this Court on two alleged, independent grounds: (1) that there is federal-question jurisdiction; and (2) that Defendants are federal officers entitled to a federal forum. Plaintiff presently moves to remand. Because this case presents no question of federal law that confers jurisdiction on the Court, and because Defendants cannot be considered federal officers, the Court grants the motion to remand. BACKGROUND I. Case Background Plaintiff is the proposed administrator of his father’s estate. (Complaint, Dkt. 1-1,

1- 2.) Plaintiff’s father, a resident of the State of New York, lived at the Linden Center for Nursing and Rehabilitation (“Linden Center”) in Brooklyn. (Id.

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