Brown v. Hoffman et al

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Joint Motion to Substitute Defendant, to Dismiss for Lack of Subject-Matter Jurisdiction, and to Remand (ECF No. 8 ) is GRANTED. IT IS FURTHER ORDERED that Defendant United States of America shal l be substituted for Defendant Elaine Briggs, FNP. IT IS FURTHER ORDERED that the claims against Defendant United States of America are DISMISSED without prejudice for lack of subject-matter jurisdiction. IT IS FINALLY ORDERED that this case is REMANDED to the Twenty-Fifth Judicial Circuit Court, Phelps County, State of Missouri, from which it was removed. An Order of Remand accompanies this Order. Signed by District Judge Ronnie L. White on November 27, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARKS. BROWN,
Plaintiff,
v.
ELAINE BRIGGS, FNP, et al.,
Defendants.

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No. 4:17CV2718

MEMORANDUM AND ORDER
This matter is before the Court on the parties' Joint Motion to Substitute Defendant, to
Dismiss for Lack of Subject-Matter Jurisdiction, and to Remand (ECF No. 8). In the motion, the
parties request that the Court order the United States of America ("United States") to be
substituted for the Defendant Elaine Briggs, FNP ("Briggs"); issue and order dismissing the
United States for lack of subject-matter jurisdiction because Plaintiff has not exhausted his
administrative remedies; and issue an order remanding the case to Phelps County, Missouri, from
which it was removed, for lack of jurisdiction.
Plaintiff originally filed this cause of action for medical negligence in the Circuit Court of
Phelps County, Missouri. (ECF No. 4) On November 15, 2017, Defendant Briggs removed the
case to federal court under 28 U.S.C. § 1442(a)(l) because Briggs was a federal employee at the
time the alleged acts or omissions occurred. The Court finds that Defendant Briggs was acting
within the scope of her employment with the South Central Missouri Health Center d/b/a Your
Community Health Center ("YCHC") at the time of the incident, which was deemed eligible for
Federal Tort Claims Act ("FTCA") malpractice coverage. (Deel. of Meredith Torres i!i! 5-6,
ECF No. 1-1; Certification of Scope of Employment by United States Attorney Jeffrey B.

Jensen, ECF No. 1-2) Thus, the proper party defendant is the United States, and the Court will
substitute the United States for Defendant Briggs. 28 U.S.C. § 2679(d)(l).
In addition, the United States, with the consent of the other parties, requests that the
Court dismiss the claims against the United States without prejudice for failure of Plaintiff to
exhaust his administrative remedies. In FTCA cases, a claimant is required to first present the
claim to the appropriate federal agency. Mader v. United States, 654 F.3d 794, 798 (8th Cir.
2011 ). Exhaustion of administrative remedies "is a jurisdictional precondition to filing an FTCA
suit in federal district court." Id. at 805. Plaintiff acknowledges that he did not exhaust his
administrative remedies before filing his cause of action. Therefore, the Court finds that
Plaintiffs claims against Defendant United States should be dismissed without prejudice for
want of subject-matter jurisdiction. Id. at 808.
Finally, the Court finds that, because the United States has been dismissed, the Court
lacks jurisdiction over the remaining defendants, as neither federal question nor diversity
jurisdiction exists. See 28 U.S.C. §§ 1331, 1332. "A case must be remanded if, at any time, it
appears that the district court lacks subject matter jurisdiction." Hrastich v. Advance Auto Parts,

Inc., No. 4:14-CV-22-JAR, 2014 WL 3341121, at *1 (E.D. Mo. July 8, 2014). Therefore, the
Court will remand the case to Circuit Court of Phelps County, Missouri.
Accordingly,

IT IS HEREBY ORDERED that the Joint Motion to Substitute Defendant, to Dismiss
for Lack of Subject-Matter Jurisdiction, and to Remand (ECF No. 8) is GRANTED.

IT IS FURTHER ORDERED that Defendant United States of America shall be
substituted for Defendant Elaine Briggs, FNP.

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IT IS FURTHER ORDERED that the claims against Defendant United States of
America are DISMISSED without prejudice for lack of subject-matter jurisdiction.

IT IS FINALLY ORDERED that this case is REMANDED to the Twenty-Fifth
Judicial Circuit Court, Phelps County, State of Missouri, from which it was removed. An Order
of Remand accompanies this Order.
Dated this 17th day ofNovember, 2017.

RONNIE L. WHITE
UNITED STATES DISTRICT

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