Baez v. United States

Background

Everlidyz Baez brought claims against the United States Veterans’ Administration Hospital in Manhattan, referred to in the order as the “VA Hospital,” and against New York University Langone Medical Center and Drs. Barie Salmon, Aaron Hultgren, Gordon Wu, Hassan Mohamed, and Carly Ennis, P.A., referred to as the “Non-Government Defendants.”

The court’s original federal-question jurisdiction came from Baez’s claims against the VA Hospital under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2674 et seq. The state-law claims against the Non-Government Defendants were before the court under supplemental jurisdiction, meaning jurisdiction over related state-law claims connected to claims within the court’s original jurisdiction.

Settlement and jurisdiction

Baez’s claims against the VA Hospital settled on February 22, 2021. After that settlement, Baez and the Non-Government Defendants asked the court to dismiss the remaining state-law claims so they could be re-filed in state court.

The court explained that, when all claims within its original jurisdiction have been dismissed, it may decide whether to continue hearing related state-law claims. The court stated that resolving Baez’s state-law claims in state court would promote convenience, fairness, and respect for state courts, and would ensure an authoritative interpretation of applicable state law.

Ruling

Judge Lorna G. Schofield ordered that Baez’s claims against the Non-Government Defendants be dismissed without prejudice. The order also directed the Clerk of Court to close Docket Nos. 38 and 40 and to close the case. The order did not resolve the merits of the remaining state-law claims.