Alvarado v. Darin M. Camarena Health Centers, Inc.

Filing 127

STIPULATION Re Dismissal Without Prejudice As To Third-Party Defendant Jill Ghanbarian, FNP; ORDER, signed by Judge Oliver W. Wanger on 12/4/2009. (Scrivner, E)

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BENJAMIN B. WAGNER United States Attorney JEFFREY J. LODGE Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Third-Party Plaintiff United States of America UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LORENA S. ALVARADO, a minor, by and through her Guardian ad Litem LORENA ALVARADO, ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) UNITED STATES OF AMERICA, ) ) Third-Party Plaintiff, ) ) v. ) ) CHILDREN'S HOSPITAL CENTRAL ) CALIFORNIA, JOHN E. DINSMORE, ) MD, DAVID HODGE, MD, and JILL ) GHANBARIAN, FNP, ) ) Third-Party Defendants. ) ) 1:06-cv-01381-OWW-DLB STIPULATION RE DISMISSAL WITHOUT PREJUDICE AS TO THIRDPARTY DEFENDANT JILL GHANBARIAN, FNP; ORDER

The parties hereby stipulate, by and through their respective counsel, that Third-Party Defendant Jill Ghanbarian, FNP, is an employee of Third-Party Defendant Children's Hospital Central California and at all relevant times was acting within the scope of her employment. At all relevant times, counsel for 1
STIPULATION RE DISMISSAL WITHOUT PREJUDICE AS TO THIRD-PARTY DEFENDANT JILL GHANBARIAN, FNP; ORDER

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Children's Hospital Central California has represented Jill Ghanbarian FNP in her capacity as an employee. Children's

Hospital Central California stipulates that it is responsible for all of the acts and omissions of Jill Ghanbarian FNP in connection with this case and will agree to indemnify the ThirdParty Plaintiff United States for any and all liability, if any, assessed against Jill Ghanbarain, FNP in this matter. Based on the above, the parties hereby stipulate that Third-Party Defendant Jill Ghanbarian, FNP be dismissed without prejudice from this action and that Jill Ghanbarian FNP, will bear her own costs and fees, if any, arising from this action. The parties request the Court endorse this stipulation by way of formal order. Respectfully submitted, Dated: December 1, 2009. GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
(As authorized 12/01/09)

17 18 19 Dated: November 30, 2009. 20 21

/s/ Steven J. Brewer By: Steven J. Brewer Attorneys for Plaintiff MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS, LLP
(As authorized 11/30/09)

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/s/ Robert W. Hodges By: Robert W. Hodges Attorneys for Third-Party Defendant, David Hodge, MD

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STIPULATION RE DISMISSAL WITHOUT PREJUDICE AS TO THIRD-PARTY DEFENDANT JILL GHANBARIAN, FNP; ORDER

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Dated: December 4, 2009.

STAMMER, MCKNIGHT, BARNUM & BAILEY, LLP
(As authorized 12/04/09)

3 4 5 6 7 8 Dated: December 2, 2009.

/s/ Jerry D. Jones By: Jerry D. Jones Attorneys for Third-Party Defendants, Children's Hospital Central California and Jill Ghanbarian, FNP MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP
(As authorized 12/02/09)

9 10 11 12 13 14 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: December 4, 2009 emm0d6 ORDER Dated: December 3, 2009.

/s/ Lawrence E. Wayte By: Lawrence E. Wayte Attorneys for Third-Party Defendant, John E. Dinsmore, MD BENJAMIN B. WAGNER United States Attorney By: /s/ Jeffrey J. Lodge JEFFREY J. LODGE Assistant U.S. Attorney Attorneys for Federal CrossDefendant United States of America

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the stipulation set forth above, Third-Party Defendant Jill Ghanbarian, FNP is hereby dismissed without prejudice.

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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STIPULATION RE DISMISSAL WITHOUT PREJUDICE AS TO THIRD-PARTY DEFENDANT JILL GHANBARIAN, FNP; ORDER