ORLOFSKY, District Judge:
In this medical malpractice wrongful death and survival action, Defendant has moved for partial summary judgment, pursuant to Fed. R.Civ.P. 56, on the issue of choice-of-law, as well as on the wrongful death claim of Plaintiff, Joseph Anthony Capone ("Capone"). Subject matter jurisdiction is conferred upon this Court by 28 U.S.C. § 1332.
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