Gardner v. Healthsouth Corporation et al
ORDER granting 5 MOTION to Remand to State Court filed by Charles J Gardner. Accordingly, this action is remanded to the Circuit Court for the Western District of Craighead County, Arkansas. Signed by Judge Billy Roy Wilson on 7/21/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CHARLES J. GARDNER
Special Administrator of Estates
of Valeta J Stratton & Henry Bishop
Stratton Jr, Deceased
d/b/a Healthsouth Rehabilitation Hospital
Pending is Plaintiff’s Motion to Remand to State Court (Doc. No. 5). Defendant has
responded.1 For the reasons discussed below, Plaintiff’s motion is GRANTED.
This court lacks federal question jurisdiction under 28 U.S.C. § 1331. The inclusion of a
claim under the Medical Recovery Act2 (“MRA”) in the complaint does not raise federal
question jurisdiction. The MRA permits the government to intervene or join an action brought by
an injured person or the estate of decedent against a third-party to recover any money paid by the
government for medical treatment. Although the MRA allows the government to enforce its
rights in a federal forum, it does not follow that this permits private defendants to remove an
action from state court to federal court based on federal question jurisdiction.3
As Plaintiff has withdrawn his request for fees and costs, I need not authorize such an
Doc. No. 7.
42 U.S.C. §§ 2651–2653.
Cutts v. Braun Corp., 970 F.Supp 562, 563 (N.D. Miss 1997).
Plaintiff’s Motion to Remand to State Court (Doc. No. 5) is GRANTED.
Accordingly, this action is hereby remanded to the Circuit Court for the Western District
of Craighead County, Arkansas.
IT IS SO ORDERED this 21st day of July 2011.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
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