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Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr.

Wrongful Death, Other Claims Against Nursing Home Not Completely Preempted by PREP Act

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MEMORANDUM & ORDER Plaintiff originally brought this action in New York State Court, Kings County, for wrongful death, negligence, and violations of state public health laws. Defendants removed it on the basis of federal question jurisdiction, arguing that federal law completely preempts Plaintiff’s state law causes of action. Plaintiff moved for remand and Defendants moved to dismiss. Because this court lacks subject matter jurisdiction over this action, Plaintiff’s motion to remand is GRANTED and Defendants’ motion to dismiss is DENIED as moot. I. BACKGROUND A. Factual History Defendants are residential nursing and rehabilitative care facilities located in West Islip, New York. (Am. Compl. (Dkt. 1-1) at ECF pp. 41-42

64-68.) Plaintiff’s mother, Ana Martinez, was admitted into Defendants’ care on or about January 8, 2020 and remained there until approximately March 30, 2020. (Id. at ECF p. 44 81.) Ms. Martinez contracted COVID-19 during her admission, and she passed away on April 1, 2020. (Id. at ECF pp. 44, 45

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