Mummert v. United States of America U.S. Department of Justice

Filing 87

ORDER - In accord with the forthcoming Memorandum: 1. Dfts mtn to dismiss for lack of subject matter jurisdiction 61 is DENIED;2. Dfts mtn for judgment on the pleadings 61 is GRANTED to the extent Pltf seeks to hold Dft liable for the negligence of named and unnamed physicians serving outside of the Baltimore VAMC Emergency Department, including Doctors Violeta Rus, Mansai Long, Samuel Stern, Najmeh Izadpanah, and Carly Gordon; the mtn is otherwise DENIED;3. The aforementioned claims as to t he non-emergency personnel are DISMISSED without prejudice to Pltfs right to file an amended complaint within 21 days of the issuance of the forthcoming memorandum;4. Dfts mtn for summary judgement 61 is GRANTED in part and Pltfs negligence claim i s DISMISSED with prejudice to the extent it seeks to hold Dft liable for the negligence of Doctors Kishan J. Kapadia, Girish Sethuraman, Harry Mushkin, Allan Krumholz, and Payam Sajedi; the mtn is DENIED AS MOOT with respect to Doctors Rus, Long, Stern, Izadpanah, and Gordon; and the motion is DENIED with respect to Doctors Wei Zheng and Jena Lee. Signed by Honorable Sylvia H. Rambo on 9/29/23. (ma)

Case 1:18-cv-00856-SHR Document 87 Filed 09/29/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES LEROY MUMMERT, JR.,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Civil No. 1:18-cv-00856

Judge Sylvia H. Rambo

ORDER
AND NOW, this 29th day of September 2023, upon consideration of
Defendant United States of America’s motion to dismiss for lack of subject matter
jurisdiction, judgment on the pleadings, summary judgment (Doc. 61), and in
accordance with the forthcoming memorandum, IT IS HEREBY ORDERED that:
1. Defendant’s motion to dismiss for lack of subject matter jurisdiction is
DENIED;
2. Defendant’s motion for judgment on the pleadings is GRANTED to the
extent Plaintiff seeks to hold Defendant liable for the negligence of named
and unnamed physicians serving outside of the Baltimore VAMC Emergency
Department, including Doctors Violeta Rus, Mansai Long, Samuel Stern,
Najmeh Izadpanah, and Carly Gordon; the motion is otherwise DENIED;
3. The aforementioned claims as to the non-emergency personnel are
DISMISSED without prejudice to Plaintiff’s right to file an amended
complaint within 21 days of the issuance of the forthcoming memorandum;
4. Defendant’s motion for summary judgement is GRANTED in part and
Plaintiff’s negligence claim is DISMISSED with prejudice to the extent it
seeks to hold Defendant liable for the negligence of Doctors Kishan J.
Kapadia, Girish Sethuraman, Harry Mushkin, Allan Krumholz, and Payam
Sajedi; the motion is DENIED AS MOOT with respect to Doctors Rus, Long,

Case 1:18-cv-00856-SHR Document 87 Filed 09/29/23 Page 2 of 2

Stern, Izadpanah, and Gordon; and the motion is DENIED with respect to
Doctors Wei Zheng and Jena Lee.
/s/ Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge