Downing v. Tappan Zee Constructors, LLC

Background

Richard Downing began the action against Tappan Zee Constructors, LLC, Traylor Bros., Inc., The Tug Prospector, and The Material Barge. He alleged federal jurisdiction under the Jones Act, federal admiralty law, and the federal admiralty-jurisdiction statute, 28 U.S.C. § 1333.

Downing later amended the complaint to add medical-malpractice claims against Phelps Memorial Hospital, Northwell Health, Inc., Baruch Berzon, M.D., Sandra Carniciu, M.D., and Thomas Lee, M.D. He alleged that the court could hear those claims through supplemental jurisdiction, which permits a federal court to hear related state-law claims connected to claims within its original jurisdiction. He also alleged diversity jurisdiction for the seventh cause of action, which the opinion identifies as a medical-malpractice claim.

On February 3, 2020, the parties filed stipulations that the court approved. One discontinued Downing’s claims against Tappan Zee Constructors with prejudice. Another discontinued cross-claims between Tappan Zee Constructors and the medical defendants. The opinion states that Downing’s Jones Act and federal-admiralty claims were therefore no longer proceeding. Traylor Bros., Inc., The Tug Prospector, and The Material Barge had previously been terminated from the case.

Jurisdictional issue

Northwell Health and Phelps Memorial Hospital had denied that the court had subject-matter jurisdiction in their answers. Because the claims supporting original federal jurisdiction were no longer proceeding, the court addressed whether it should continue exercising supplemental jurisdiction over the medical-malpractice claims. The opinion states that this decision is discretionary under 28 U.S.C. § 1367(c).

Order

The court did not decide whether subject-matter jurisdiction exists or whether it would continue exercising supplemental jurisdiction. Instead, Judge Vincent L. Briccetti ordered Downing to submit a letter of no more than ten pages explaining his position on subject-matter jurisdiction by April 17, 2020. The medical defendants were permitted to submit a joint response of no more than ten pages by May 1, 2020, and were required to identify any disagreements among themselves about subject-matter jurisdiction.

The supplied case name identifies Tappan Zee Constructors, LLC, while the opinion’s caption lists the medical defendants; the opinion text discusses both groups.