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Hensley v. United States

United States District Court, District of Hawaii

December 16, 2014

Dianne Estelle Hensley, Plaintiff,
v.
United States of America, Defendant.

ORDER GRANTING DEFENDANT DR. JEREMY OAKLEY’S MOTION TO DISMISS PLAINTIFF’S STATEMENT OF CLAIM AND NOTICE (ECF NO. 8)

Helen Gillmor, United States District Judge.

Plaintiff Dianne Estelle Hensley filed a Claim and Notice in Hawaii state court alleging that she received improper dental care from Dr. Jeremy Oakley. Plaintiff’s Claim named Jeremy Oakley as the Defendant.

The United States removed the Claim to federal district court and filed a notice of substitution as Defendant in place of Jeremy Oakley. The United States, on Oakley’s behalf, filed a motion to dismiss for lack of subject matter jurisdiction pursuant to the Federal Tort Claims Act.

Defendant Dr. Jeremy Oakley’s Motion to Dismiss Plaintiff’s Statement of Claim and Notice (ECF No. 8) is GRANTED WITHOUT PREJUDICE.

PROCEDURAL HISTORY

On July 16, 2014, Plaintiff Dianne Estelle Hensley filed a Statement of Claim and Notice in the Small Claims Division of the District Court of the Third Circuit, Puna Division, State of Hawaii. (Claim and Notice, attached as Ex. A. to Defendant’s Notice of Removal, ECF No. 1-1).

On October 16, 2014, Defendant Jeremy Oakley, by and through the United States of America, removed the state court action to the United States District Court for the District of Hawaii. (ECF No. 1).

On October 24, 2014, Defendant Oakley, by and through the United States, filed DEFENDANT DR. JEREMY OAKLEY’S MOTION TO DISMISS PLAINTIFF’S STATEMENT OF CLAIM AND NOTICE. (ECF No. 8).

On November 13, 2014, Plaintiff submitted via e-mail, OPPOSITION TO DISMISS: HENSLEY VS OAKLEY. (ECF No. 17). Plaintiff also submitted a six-page fax. (Attached as Ex. A to Letter at ECF No. 17).

On the same date, Plaintiff submitted via email, REQUEST FOR PHONE HEARING WED, DEC. 10, 10:30. (ECF No. 18).

Also on November 13, 2014, the Court issued a Minute Order and construed Plaintiff’s e-mailed letter and fax (ECF No. 17) as her Opposition to Defendant’s Motion to Dismiss. (ECF No. 19). Plaintiff’s Request to appear at the hearing by telephone (ECF No. 18) was granted. (ECF No. 19).

On November 11, 2014, the United States filed NOTICE OF SUBSTITUTION OF UNITED STATES AS DEFENDANT. (ECF No. 20).

On November 24, 2014, the United States filed REPLY MEMORANDUM IN SUPPORT OF DEFENDANT DR. JEREMY OAKLEY’S MOTION TO DISMISS PLAINTIFF’S STATEMENT OF CLAIM AND NOTICE. (ECF No. 22). The United States also submitted an Exhibit in support of its Motion to Dismiss. (ECF No. 21).

On December 10, 2014, a hearing was held on DEFENDANT DR. JEREMY OAKLEY’S MOTION TO DISMISS PLAINTIFF’S STATEMENT OF CLAIM AND NOTICE (ECF No. 8).

BACKGROUND

Plaintiff Dianne Estelle Hensley claims that on August 2, 2012, she went to the Keaau Family Health Center on the Island of Hawaii to receive dental treatment. (Statement of Claim and Notice at p. 1, Attached as Ex. A to the Def.’s Notice of Removal, ECF No. 1-1).

Dr. Jeremy Oakley was an employee of The Bay Clinic, Inc., which operated the Keaau Family Health Center. (Id. at p. 1). Plaintiff claims that on August 2, 2012, she consulted with Dr. Oakley and asked him to repair her tooth without removing it. (Id.; Pla.’s Ex. A, ECF No. 17-1). Plaintiff alleges that Dr. Oakley unnecessarily extracted her tooth and gave her a mouth plate that she did not want. (Id.)

On July 16, 2014, Plaintiff, proceeding pro se, filed a Claim and Notice in Hawaii state small claims court against Dr. Oakley. ...


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