Glover v. United States of America

Background

Whitney Glover sued the United States and St. Luke’s Cornwall Hospital. On January 10, 2022, the court entered an infant-compromise order concerning Glover’s settlement with the United States and dismissed her claims against the United States with prejudice. The court stated that the only remaining claims were state-law claims against St. Luke’s.

Glover asked the court to remand—that is, send back to state court—the claims against St. Luke’s under 28 U.S.C. § 1447(c). The court had previously noted that the related proceeding in the Supreme Court of the State of New York, Orange County, had been discontinued before Glover independently filed this federal action. It directed Glover either to explain how remand was legally possible or to state that the claims should be dismissed without prejudice for lack of subject-matter jurisdiction.

Ruling

The court concluded that it could not remand a case that had not been removed from state court. Because the state proceeding had been discontinued before this federal action was filed, the federal case did not originate through removal. Applying Federal Rule of Civil Procedure 12(h)(3), which requires dismissal when the court lacks subject-matter jurisdiction, the court dismissed the remaining claims against St. Luke’s without prejudice to refiling in the proper forum.

The court directed the Clerk of Court to close the case. The order did not decide the merits of the state-law claims against St. Luke’s.