Pasquantonio v. Poley

834 F. Supp. 2d 33, 2011 WL 6130809, 2011 U.S. Dist. LEXIS 140437
CourtDistrict Court, D. Massachusetts
DecidedDecember 6, 2011
DocketCivil Action No. 11-10767-NMG
StatusPublished
Cited by3 cases

This text of 834 F. Supp. 2d 33 (Pasquantonio v. Poley) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pasquantonio v. Poley, 834 F. Supp. 2d 33, 2011 WL 6130809, 2011 U.S. Dist. LEXIS 140437 (D. Mass. 2011).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiffs Nicholas and Bettina Pasquantonio, and Novarose Pasquantonio (“N.P.”) by her father (collectively, “the plaintiffs”) bring suit against Doctors Karen J. Poley (“Dr. Poley”), Anjan K. Chaudhury (“Dr. Chaudhury”) and Christine A. Pensó (“Dr. Pensó”) for alleged violations of the standards of prenatal care. The complaint contains counts for negligence and failure to obtain, or violation of, informed consent, against each doctor and counts against Steward Health Care System LLC (“Steward Health”) for vicarious liability. Currently before the Court is the defendants’ joint motion to dismiss and plaintiffs’ motion for referral to a medical malpractice tribunal.

I. Factual Background

Plaintiffs’ claims arise from the allegedly negligent obstetrical (“OB”) prenatal care the defendant doctors provided to Bettina Pasquantonio during her pregnancy with N.P. Plaintiffs contend that the doctors’ failure to adhere to accepted medical standards left them entirely unaware that N.P. was at a significant risk of being born with Down’s syndrome. The doctors allegedly failed to offer genetic counseling or to provide accurate information concerning the risk that her fetus would have Down’s syndrome. Plaintiffs contend that, as a result, the pregnancy was not terminated and plaintiffs must now pay the prohibitive medical and living costs N.P.’s condition requires. Plaintiffs therefore seek monetary damages to be determined by a jury, plus interest and costs.

II. Procedural History

Plaintiffs filed a complaint with the Massachusetts Superior Court for Suffolk County in September, 2010. That case is currently pending. See Bettina Pasquantonio et al. v. Karen J. Poley, M.D. et al., Civ. No.2010-03775-E.

Approximately eight months later, on May 2, 2011, the same plaintiffs filed a substantially identical complaint with this Court, asserting diversity jurisdiction under 28 U.S.C. § 1332.1 Plaintiffs served the complaint on the defendants in August, 2011, and defendants responded in September, 2011, by filing a joint motion to dismiss the complaint or, in the alternative, to stay the action pending the outcome of the parallel state action. Plaintiffs have opposed that motion and have [36]*36filed a motion for referral to a Medical Malpractice Tribunal.

After a scheduling conference was held on October 27, 2011, the Court took defendants’ motion to dismiss under advisement. Defendant Steward has since filed a supplemental memorandum in support of its motion to dismiss to which plaintiffs have filed an opposition.

III. Analysis

A. Legal Standard

Federal courts have a “virtually unflagging obligation ... to exercise the jurisdiction given them.” Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 15, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). Thus, as a general rule, “the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal court having jurisdiction.” Id. Nonetheless, the Supreme Court in Colorado River held that abstention may be warranted where considerations of “wise judicial administration” strongly counsel against duplicative state and federal lawsuits. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976) (internal quotation omitted). The Court emphasized, however, that this form of deference is very limited and only appropriate in “extraordinary” circumstances. See id.; see also Currie v. Grp. Ins. Comm’n, 290 F.3d 1, 10 (1st Cir.2002).

The First Circuit, drawing on Colorado River and its progeny, considers the following factors in determining whether extraordinary circumstances exist:

(1) whether either court has assumed jurisdiction over a res; (2) the [geographical] inconvenience of the federal forum; (3) the desirability of avoiding-piecemeal litigation; (4) the order in which the forums obtained jurisdiction; (5) whether state or federal law controls; (6) the adequacy of the state forum to protect the parties’ interests; (7) the vexatious or contrived nature of the federal claim; and (8) respect for the principles underlying removal jurisdiction.

Jimenez v. Rodriguez-Pagan, 597 F.3d 18, 28 (1st Cir.2010) (citation omitted). The subject list is not exhaustive and no single factor is dispositive. Id. Rather, the Court must carefully balance each factor while remaining mindful of the presumption in favor of exercising jurisdiction. See id.

B. Application

In this case, the state and federal lawsuits involve identical parties and identical claims. Defendants argue that the federal suit should be dismissed or stayed because it is entirely duplicative of the first-filed state action and turns entirely on state law. They contend that litigating the same action in both federal and state court is an unnecessary and inequitable imposition on their time and resources.

Plaintiffs respond that the circumstances weigh heavily in favor of this Court exercising jurisdiction. Additionally, they contend that the ease should remain in federal court so that two unresolved issues of state law implicated by their claims may be certified to the Massachusetts Supreme Judicial Court (“the SJC”).2 By retaining jurisdiction and employing the certification procedure, they [37]*37assert, this Court will achieve a timelier and more efficient resolution of the case which is therefore preferable to an adjudication by the state court.

This Court concludes, to the contrary, that this case presents exceptional circumstances warranting a dismissal. Certain of the Colorado River factors have little bearing on this case: there is no res at issue (factor one), the federal forum is equally convenient to the state forum (factor two) and the state forum is adequate to protect the parties’ interests (factor six). Moreover, the fact that the state forum obtained jurisdiction prior to the federal forum (implicating factor four) weighs only mildly in favor of abstention because the two suits are at roughly the same stage. See Jimenez, 597 F.3d at 30 (“[T]he relative progress of the suits is more important than the strict order in which the courts obtained jurisdiction.”). The remaining factors, however, weigh strongly in favor of abstention.

The eighth factor requires courts to consider the principles underlying removal jurisdiction to determine whether surrendering jurisdiction is appropriate in a given case. See, e.g., Villa Marina Yacht Sales, Inc. v. Hatteras Yachts, 915 F.2d 7, 14 (1st Cir.1990).

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Bluebook (online)
834 F. Supp. 2d 33, 2011 WL 6130809, 2011 U.S. Dist. LEXIS 140437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pasquantonio-v-poley-mad-2011.