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15-1522 - Roberge v. McAndrew et al


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15-1522 - Roberge v. McAndrew et al
June 13, 2016
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MEMORANDUM-DECISION AND ORDER granting 6 Motion to Substitute Party and granting 6 Motion to Dismiss: The Court hereby ORDERS that Defendants' motion to substitute the United States of America as the Defendant for Dr. John McAndrew, M.D. (Dkt. No. 6) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall substitute the United States of America as the Defendant for Dr. John McAndrew, M.D.; and the Court further ORDERS that Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. No. 6) is GRANTED; and the Court further ORDERS that Plaintiff's claims for medical malpractice against the United States are DISMISSED without prejudice for failure to exhaust under 28 U.S.C. ยง 2675(a); and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant United States' favor and close this case; and the Court further ORDERS the Clerk of the Court shall remand this case as to Defendant HealthAlliance to the New York State Supreme Court, Ulster County; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 6/13/2016. (ban)