Opinion
No. 01 C 4938
April 12, 2002
MEMORANDUM OPINION AND ORDER
On October 10, 2001, we remanded the case to state court, finding no federal jurisdiction upon the representation of the United States that defendant Dr. Godwin Onyema was not a federal employee. Dr. Onyema has moved to reconsider, pointing out that the government successfully contended in Alexander v. Mount Sinai Hospital Medical Center of Chicago, 00 C 2907, before Judge Kocoras, that he was a federal employee. Judge Kocoras there rested upon the fact that Dr. Onyema was the sole shareholder and employee of his medical practice corporation and signed the contract on behalf of his corporation.
The government's position is succinct: it made a mistake in Alexander in deeming Dr. Onyema a federal employee, and its decisions there and here are not reviewable. Plaintiff contends that Dr. Onyema's motion comes too late; he has been actively defending the state court case since before his motion to reconsider.
We believe that the government's position may be reviewable to a limited extent, as Del Valle v. Sanchez, 170 F. Supp.2d 1254, 1267-68 (S.D. Fla. 2001) indicates, and the motion is at least technically timely. But, as Del Valle also indicates, courts are wary of substituting their judgment for that of the Department of Health and Human Services. The Department has reverted to a bright line standard, only contractors are deemed federal employees, and that is a reasonable construction we believe compelled to follow. The motion is denied.