UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

ARCHIE DIGGS, ET AL CIVIL ACTION NO. 21-cv-2127 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** JANE MITCHELL, ET AL CIVIL ACTION NO. 21-cv-2128 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** ROBERT NOBLE, ET AL CIVIL ACTION NO. 21-cv-2129 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** TAMMIE ROBINSON CIVIL ACTION NO. 21-cv-2130 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** MICHELLE WHITE, ET AL CIVIL ACTION NO. 21-cv-2131 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** JOHN JACKSON, ET AL CIVIL ACTION NO. 21-cv-2132 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

****** KENNETH CLARK CIVIL ACTION NO. 21-cv-2138 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY

******

IVORY GLOVER, ET AL CIVIL ACTION NO. 21-cv-2139 VERSUS CHIEF JUDGE HICKS IRVING PLACE ASSOCIATES, LP, ET AL MAGISTRATE JUDGE HORNSBY MEMORANDUM ORDER This is one of several wrongful death cases filed in state court against Irving Place Associates, LP, as well as individual defendants, based on the defendants’ ownership or administration of a nursing home during the Covid-19 pandemic. The

case was removed based on assertions that (1) there is federal question jurisdiction based on complete preemption effected by the PREP Act, (2) there is federal question jurisdiction under the Grable doctrine because the PREP Act presents a substantial federal question, and (3) federal officer removal is appropriate because nursing home officials were acting in accordance with

protocols issued by the federal government. A motion to remand was filed and briefed. After briefing was completed, the Fifth Circuit issued decisions that rejected the asserted grounds for removal and affirmed remand in similar nursing home cases. Mitchell v. Advanced HCS, LLC,

(5th Cir. 2022); Perez on behalf of Estate of Lozano v. Southeast SNF, LLC,

(5th Cir. 2022). Two other circuits have similarly

rejected the removal arguments presented in this case. Maglioli v. Alliance HC Holdings, LLC,

(3rd Cir. 2021); Saldana v. Glenhaven Healthcare, LLC,

(9th Cir. 2022). After the mandates issued in Mitchell and Perez, the court contacted defense counsel and asked whether the defendants wanted an opportunity to file

any additional briefs. Defendants elected not to make any additional filings. The court has reviewed the notice of removal and the arguments presented in the motion to remand. Considering the Mitchell precedent and the other persuasive decisions cited above, the court finds that it lacks subject matter jurisdiction over this civil action. Accordingly, the motion to remand is GRANTED and this case is REMANDED to the First Judicial District Court, Caddo Parish, Louisiana. THUS DONE AND SIGNED in Shreveport, Louisiana, this 28th day of June, 2022. a (ble UNITED STATES DISTRICT COURT

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