Casillas-Sanchez et al v. Ryder Memorial Hospital, Inc. et al

Filing 86

MEMORANDUM AND ORDER re 75 Motion to Dismiss for Lack of Jurisdiction: GRANTED. The Court DISMISSES WITHOUT PREJUDICE plaintiffs' survivorship claim. Signed by Judge Francisco A. Besosa on 07/30/2013. (brc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
PAUL CASILLAS-SANCHEZ, et al.,
Plaintiffs,
Civil No. 11-2092 (FAB)

v.
RYDER MEMORIAL HOSPITAL, INC.,
et al.,
Defendants.

MEMORANDUM AND ORDER
BESOSA, District Judge.
The Court GRANTS defendant Hospital Ryder Memorial, Inc.
(“Ryder”)’s motion to dismiss plaintiffs’ survivorship action for
lack of subject matter jurisdiction.

(Docket No. 75.)1

Plaintiffs’ second amended complaint seeks damages for the
alleged pain and suffering endured by decedent Ms. Rosa Sanchez
(“Ms. Sanchez”) during her stay at Ryder.

(Docket No. 30.)

Pursuant to article 1802 of the Puerto Rico Civil Code, that cause
of action is a survivorship claim requiring all heirs of the
decedent’s “sucesion” to be joined as plaintiffs.

Cruz-Gascot v.

HIMA - San Pablo Hosp. Bayamon, 728 F. Supp. 2d 14 (D.P.R. 2010)
(Besosa, J.).

In the second amended complaint, only eight out of

nine heirs to Ms. Sanchez’s “sucesion” are included as plaintiffs:
Paul

Casillas-Sanchez,

1

John

Casillas-Sanchez,

Cleto

Casillas-

The motion was joined by defendant Edgar Cardona-Traverzo
(Docket Nos. 78 and 79).

Civil No. 11-2092 (FAB)

2

Sanchez, Rosa Esther Casillas-Sanchez, Rosa Maria Casillas-Sanchez,
Juanita

Casillas-Sanchez,

Perter

Casillas-Sanchez,

and

Robert

Richardson Casillas bring the action for damages for the death of
their mother and grandmother, Ms. Sanchez.

(Docket No. 30.)

Mr. Pablo Casillas-Moran (“Mr. Casillas”), Ms. Sanchez’s widower,
however, is not named.
Pursuant

to

Id.

Fed.R.Civ.P.

19,

the

Court

finds

that

Mr. Casillas-Moran is a necessary and indispensable party to the
survivorship
“sucesion.”

claim

because

he

is

a

member

of

Ms.

Sanchez’s

See generally Segura-Sanchez v. Hosp. Gen. Menonita,

Inc., 2013 U.S. Dist. LEXIS 97914 (D.P.R. 2013) (Besosa, J.)
(citing Cruz-Gascot, 728 F.Supp.2d at 26-31 and Pino-Betancourt v.
Hosp. Pavia Santurce, 2013 U.S. Dist. LEXIS 31755 (D.P.R. 2013)
(Besosa, J.)).

Defendant Ryder has indicated that Mr. Casillas-

Moran is the only heir domiciled in Puerto Rico.
and 84.)

(Docket Nos. 75

Exhibit 2 of Ryder’s motion (Docket No. 75-2) includes

Pablo Casillas-Moran as a member of the sucesion.
is at docket number 84-2.

The translation

“In a case grounded in diversity of

citizenship, the absence of a non-diverse, indispensable party to
the survivorship claim is not a mere procedural defect. Rather, it
destroys

the

jurisdiction.”

district

court’s

original

subject

matter

Segura-Sanchez, 2013 U.S. Dist. LEXIS 97914 at 10

(internal citation omitted). Thus, including Mr. Casillas-Moran as

Civil No. 11-2092 (FAB)

3

a plaintiff will destroy the diversity upon which plaintiffs base
the Court’s subject matter jurisdiction.
As

stated

numerous

times

before,

“[p]laintiffs

may

not

manufacture diversity in order to gain access to federal court, and
when a survivorship claim arising under article 1802 does not
include

all

heirs

of

the

Segura-Sanchez,

2013

quotations

citations

and

U.S.

estates,
Dist.

dismissal

LEXIS

omitted).

97914

is
at

warranted.”
10

Accordingly,

(internal
the

Court

DISMISSES WITHOUT PREJUDICE plaintiffs’ survivorship claim.
IT IS SO ORDERED.
San Juan, Puerto Rico, August 1, 2013.
s/ Francisco A. Besosa
FRANCISCO A. BESOSA
United States District Judge