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Krol v. The Cottages at Garden Grove

Covid-19 Death Suit Claims Not Precluded by PREP Act, Removal Not Justified Under 'Grable'

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Kenneth Krol, as Administrator of the Estate of Jeanette Krol, deceased, (“Plaintiff”) initially brought this action in the Supreme Court of the State of New York, Oneida County, asserting State law personal injury claims against the Cottages at Garden Grove (“Defendant”), a nursing home in Cicero, New York. (Dkt. No. 1). Now before the Court are: 1) Defendant’s motion to dismiss the Complaint pursuant to Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(1) and 12(b)(6); and 2) Plaintiff’s motion for remand to State court in accordance with 28 U.S.C. §1447. (Dkt. Nos. 10, 14). For the reasons stated below, Plaintiff’s motion to remand is granted and Defendant’s motion to dismiss is denied as moot. II. BACKGROUND A. Procedural Background¹ On July 7, 2021, Plaintiff commenced an action in New York State Supreme Court, County of Oneida, under Index No. 001626/2021, asserting claims against Defendant in connection with the death of Jeanette Krol. (Dkt. No. 1, 1). On September 18, 2021, Defendant removed the case to this Court. (Id.,

1-5). On September 27, 2021, Defendant moved to dismiss pursuant to Rules 12(b)(1) and 12(b)(6). (Dkt. No. 10). On October 18, 2021, Plaintiff moved to remand pursuant to 28 U.S.C. §1447. (Dkt. No. 14). Each party has filed responsive papers. (Dkt. Nos. 19-21). B. Plaintiff’s Complaint Plaintiff is the son of Jeanette Krol (“Ms. Krol”) and the Administrator of her estate. (Dkt. No. 2,

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