928 F. Supp. 2d 393
D.P.R.2013Background
- Consolidation of Civil Nos. 11-1768 and 12-1326 granted under Rule 42(a) for common questions of law and fact.
- Cases arise from alleged negligent medical care at San Juan VA Hospital and Hospital Pavia Santurce in 2009, involving the Pino family as heirs.
- Court preserves power to sever at trial to avoid confusion and may have advisory jury for FTCA claim.
- Plaintiffs' ownership includes Beatriz and Debra (New York and Massachusetts citizens) and Maria (Puerto Rico citizen) as heirs.
- Diversity jurisdiction exists for each individual plaintiff’s claim, but not for a survivorship claim that would include Maria as a plaintiff.
- Survivorship claim is dismissed without prejudice for lack of complete diversity due to Maria’s indispensable status as a widow/heir.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consolidation under Rule 42(a) is appropriate | Consolidation promotes economy and avoids duplicative discovery | (Besosa) Consolidation would not prejudice parties and serves efficiency | Consolidation granted; appropriate under Rule 42(a) |
| Whether survivorship claim lacks subject matter jurisdiction due to indispensable party and diversity | Maria Betancourt must be joined as heir; without her, no diversity for survivorship | Indispensable party Maria destroys diversity; survivorship claim lacks jurisdiction | Survivorship claim dismissed without prejudice for lack of complete diversity; diversity exists for individual claims |
Key Cases Cited
- Cruz-Gascot v. HIMA-San Pablo Hosp., 728 F.Supp.2d 14 (D.P.R. 2010) (heirs must be joined; survivorship requires all heirs; lacking causes jurisdiction if nondiverse party is absent)
- Gonzalez-Quiles v. Cooperativa De Ahorro Y Credito De Isabela, 250 F.R.D. 91 (D.P.R. 2007) (consolidation and joinder considerations; district court discretion)
- Am. Postal Workers Union v. U.S. Postal Serv., 422 F.Supp.2d 240 (D.D.C. 2006) (consolidation principles and efficiency considerations)
- Stewart v. O’Neill, 225 F.Supp.2d 16 (D.D.C. 2002) (discretion in consolidating; weighing efficiency against confusion)
- Arroyo v. Chardon, 90 F.R.D. 603 (D.P.R. 1981) (support for consolidation where common questions exist)