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Date: 01-12-2022

Case Style:

Whitney Glover v. United States of America

Case Number: 7:18-cv-10504-PMH

Judge: Philip M. Halpern

Court: United States District Court for the Southern District of New York (Westchester County)

Plaintiff's Attorney:

Best White Plaintiff Medical Malpractice Lawyer Directory

Defendant's Attorney: Danielle Judith Levine

Description: White Plains, New York personal injury lawyer represented Plaintiff, who sued the United States of America on a Federal Tort Claims Act medical malpractice negligence theory claiming that Noah Smith suffered injuries and/or damages and injuries was a direct result of substandard medical care.

Outcome: 01/12/2022 93 ORDER: The Court, therefore, dismisses the remaining claims against St. Luke's without prejudice to Plaintiff's refiling in the proper forum. See, e.g., Lyndonville Sav. Bank & Tr. Co. v. Lussier, 211 F.3d 697, 700-01 (2d Cir. 2000) ("[F]ailure of subject matter jurisdiction is not waivable and may be raised at any time by a party or by the court sua sponte. If subject matter jurisdiction is lacking, the action must be dismissed."); Kuo v. Gov't of Taiwan, No. 17-CV-10156, 2019 WL 120725, at *2 (S.D.N.Y. Jan. 7, 2019) (explaining that, under Rule 12(h)(3), "a court must dismiss an action sua sponte if the court determines that it lacks subject matter jurisdiction"), aff'd sub nom. Sheafen Kuo v. Gov't of Taiwan, 802 F. App'x 594 (2d Cir. 2020). The Clerk of the Court is respectfully directed to close this case. SO ORDERED. St. Luke's Cornwall Hospital terminated. (Signed by Judge Philip M. Halpern on 1/12/2022) (vfr) (Entered: 01/12/2022)

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