UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Executrix Janice Walker of the Estate of Alice Marie Karmeen, Deceased, and as the Personal Representative of Next of Kin,

Plaintiff,

v. Case No. 3:23-cv-166 Judge Thomas M. Rose

Village Green Health Campus, et al.,

Defendants.

ENTRY AND ORDER GRANTING MOTION TO DISMISS BY DEFENDANT UNITED STATES OF AMERICA FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES, ECF 5, AND REMANDING TO STATE COURT.

Pending before the Court is Motion to Dismiss by Defendant United States of America for Failure to Exhaust Administrative Remedies. (ECF 5.) The Government motion was filed June 26, 2023. The period for filing a response having lapsed, the motion is unopposed. On January 30, 2023, Plaintiff sued Village Green Health Campus, Trilogy Healthcare of Greenville, LLC, Trilogy Healthcare Services, LLC, Meredith Britton, MSN, APRN-CNP and Family Health Services of Darke County Inc., in the Court of Common Pleas of Darke County, Ohio. (Complaint, ECF 2.) Britton was an employee of Family Health Services of Darke County,

1 Inc. (ECF 5-1, Exhibit A, Declaration of Meredith Torres, at 2, ¶6.) Under the Federally Supported Health Centers Assistance Act, the Department of Health and Human Services (“HHS”) deemed Family Health Services of Darke County, Inc. to be a Public Health Service employer for purposes of

. As a result, Britton was also deemed a Public Health Service employee. (Certification of Scope of Employment, ECF No. 1-4, Exhibit B, at PageID

29.) On June 15, 2023, Defendants Family Health Services and Meredith Britton removed this lawsuit to the United States District Court for the Southern District of Ohio pursuant to

(a)(1). (Notice of Removal, ECF 1.) On June 26, 2023, the United States filed a Notice of Substitution, substituting itself as the party defendant in this matter in place of Family Health Services and Britton. (Notice of Substitution, ECF 4.) The United States now moves to dismiss the Plaintiff’s claims against the United States because the Plaintiff failed to exhaust administrative remedies with HHS relating to Plaintiff’s claim, as required by

. (ECF 5.) The motion is GRANTED for the reasons

stated in the Government’s motion. (See ECF 5.) Dismissal of the claims against the United States dissolves the sole basis for this Court’s exercise of subject matter jurisdiction over the claims against the remaining defendants. Pursuant to

(a), when district courts in a civil action have original jurisdiction, “the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.” At its discretion, a district court may exercise supplemental jurisdiction over state law claims where it has dismissed all claims that were the basis of its original jurisdiction.

(c)(3). “When district courts

2 dismiss all claims independently qualifying for the exercise of federal jurisdiction, they ordinarily dismiss…all related state claims.” Artis v. Dist. of Columbia,

(2018). The Court declines to exercise supplemental jurisdiction over Plaintiff’s remaining claims under Ohio law. The Clerk is ORDERED to REMAND the instant case to the Clark County Court of Common Pleas.

DONE and ORDERED in Dayton, Ohio, this Monday, September 11, 2023.

s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

3