Winkfield v. Childrens Hospital Oakland et al
ORDER by Judge Saundra Brown Armstrong DENYING 12 MOTION FOR PRELIMINARY INJUNCTION AS MOOT AND VACATING MOTION HEARING (terminating 2 Motion for TRO). (ndr, COURT STAFF) (Filed on 1/6/2014)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
LATASHA WINKFIELD, an individual
Case No: C 13-5993 SBA
6 parent and guardian of Jahi McMath, a minor,
9 CHILDREN’S HOSPITAL OAKLAND, Dr.
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION AS
MOOT AND VACATING MOTION
Dkt. 2 and 12
David Durand M.D. and DOES 1 through 10,
On January 2, 2014, Plaintiff filed a motion for preliminary injunction1 which seeks
an order requiring Defendant Children’s Hospital Oakland (“CHO”) to maintain Plaintiff’s
daughter, Jahi McMath (“Jahi”), on a ventilator and to insert a gastric tube and a
tracheostomy tube to allow her to be transferred to another facility. Dkt. 12. On the same
date, the Court referred this matter to a Magistrate Judge of this Court for an emergency
mandatory settlement conference to take place on January 3, 2014, at 11:00 a.m. Dkt. 10,
Early in the day on January 3, 2014, the parties reached an agreement in Plaintiff’s
parallel state court action, Alameda County Case No. RP-13-707598, under which custody
of Jahi was to be transferred to Plaintiff. Later that morning, the parties appeared before
the Magistrate Judge to begin their settlement conference. After working with the
Magistrate Judge in excess of seven hours, the parties were able to reach an agreement to
effectuate the transfer of Jahi from CHO. The Court has been advised that, pursuant to the
Plaintiff styled her motion as a Motion to Compel Further Life Support and the
Installation of a Tracheotomy Tube and Gastric Feeding Tube to Allow Transportation of
28 Jahi McMath.
parties’ agreement, Jahi was moved from CHO on the evening of January 5, 2014, at which
time Plaintiff accepted sole responsibility for Jahi. Dkt. 16.
The parties’ agreement and their consummation thereof moots the requests set forth
in Plaintiff’s motion for preliminary injunction. The Court appreciates the efforts of the
Magistrate Judge in conducting the settlement conference, and lauds the parties for their
willingness to set aside their differences in this extraordinarily difficult case to reach a
mutually acceptable agreement regarding the transfer of Jahi. Accordingly,
IT IS HEREBY ORDERED THAT Plaintiff’s motion for preliminary injunction is
DENIED as moot. The hearing scheduled for January 7, 2014, at 1:00 p.m. is VACATED.
This Order terminates Docket 2 and 12.
IT IS SO ORDERED.
Dated: January 6, 2014
SAUNDRA BROWN ARMSTRONG
United States District Judge