Scallop Shell Nursing & Rehabilitation et al v. United States Department of Health and Human Services

Filing 13

MEMORANDUM AND ORDER adopting 11 Report and Recommendations, and granting Third Party Defendant's 5 Motion to Dismiss Crossclaim based on the lack of federal subject matter jurisdiction. The crossclaim is DISMISSED without prejudice pursuant to F.R. Civ. P. 12(b)(1). So Ordered by Chief Judge Mary M. Lisi on 10/10/2013. (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

SCALLOP SHELL NURSING &
REHABILITATION
v.

CA 13-471 ML

LEWIS H. GAFFETT
v.
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES
MEMORANDUM AND ORDER
This matter is before the Court on crossclaim Plaintiff’s (Plaintiff) Objection to a Report and
Recommendation issued by Magistrate Judge Sullivan on September 20, 2013 (Docket #11). This
Court notes that Plaintiff also seeks “reconsideration of the recommended order.” Plaintiff, however,
does not address any standard or legal basis for reconsideration by the Magistrate Judge. Accordingly,
this Court denies that request.
Having reviewed the pleadings, the Report and Recommendation, and Plaintiff’s Objection, this
Court agrees with the legal conclusions of the Magistrate Judge; i.e., that this Court lacks subject matter
jurisdiction. The crossclaim is DISMISSED without prejudice pursuant to F.R. Civ. P. 12(b)(1).

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
October 10, 2013