LAURA HUDAK, Executrix of the Estate of William P.
Koballa, deceased,
Plaintiff-Appellee,
v.
ELMCROFT OF SAGAMORE HILLS; ELMCROFT BY
ECLIPSE SENIOR LIVING; ECLIPSE SENIOR LIVING, INC.;
ECLIPSE PORTFOLIO OPERATIONS, LLC; ECLIPSE
PORTFOLIO OPERATIONS II, LLC; JAMIE ASHLEY
COHEN,
Defendants-Appellants. |
No. 21-3836 |
Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:21-cv-00060—Sara E. Lioi, District Judge.
Argued: December 7, 2022
Decided and Filed: January 23, 2023
Before: MOORE, GIBBONS, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. In May 2020, Laura Hudak’s father,
William P. Koballa, died of COVID-19. Hudak, acting as executrix of Koballa’s estate, sued in
state court, asserting negligence and related state-law claims against Elmcroft of Sagamore Hills,
an assisted-living facility in Ohio, and several entities that own or operate the facility
(collectively, “Elmcroft”), for their alleged failure to take care of her father. Elmcroft removed
the case from state court to federal court pursuant to the general removal statute, 28 U.S.C.
§ 1441(a), and the federal-officer removal statute, 28 U.S.C. § 1442(a)(1), based on arguments it
made under the Public Readiness and Emergency Preparedness Act (“PREP Act” or “Act”),
42 U.S.C. § 247d-6d. The district court found that the PREP Act did not provide grounds for
removal under either removal statute and remanded the case to state court for lack of subject-matter jurisdiction. We AFFIRM. |