Mills v. Family Healthcare Network, et al.
Filing
17
Stipulation to Dismiss Defendants Family Healthcare Network; Andy Phan, M.D. and Raria Reyna PCA 1 signed by District Judge Lawrence J. O'Neill on 10/14/2009. (Figueroa, O)
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LAWRENCE G. BROWN United States Attorney KELLI L. TAYLOR Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2741 Facsimile: (916) 554-2900 Attorneys for Defendant United States of America
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
CALEB A. MILLS, a minor, by and through his Guardian ad Litem, JACOB C. MILLS, Plaintiffs, v. FAMILY HEALTHCARE NETWORK; ANDY PHAN, M.D.; RARIA REYNA PCA1; and THE UNITED STATES OF AMERICA Defendants.
1:09-cv-00900-LJO-DLB STIPULATION TO DISMISS DEFENDANTS FAMILY HEALTHCARE NETWORK; ANDY PHAN, M.D., and RARIA REYNA PCA 1 Complaint Filed: May 20, 2009 Trial Date: TBD
18 19 20 21 22 23 24 25 26 27 28 Plaintiff CALEB A. MILLS, a minor, by and through his Guardian ad Litem, JACOB C. MILLS, and Defendant UNITED STATES OF AMERICA, hereby stipulate, by and through their counsel of record, to dismiss Defendants FAMILY HEALTHCARE NETWORK; ANDY PHAN, M.D., and RARIA REYNA PCA 1 without prejudice, and to have the caption changed to reflect the UNITED STATES OF AMERICA as the sole Defendant in this suit. Good cause exists for the stipulated dismissal and caption change since Plaintiff's complaint for medical malpractice is brought pursuant to the Federal Tort Claims Act and alleges that the named entity is a federally funded health care clinic and that the individually named Defendants were acting within the course and scope of
Stipulated Dismissal and Caption Change
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their employment during all relevant times herein. As such, the United States is the only proper Defendant. 28 U.S.C. § 2679. IT IS SO STIPULATED.
Dated: October 13, 2009
BARADAT, EDWARDS & PABOOJIAN, LLP
By:
/s/ David G. Edwards DAVID G. EDWARDS DANIEL R. BARADAT Attorneys for Plaintiff LAWRENCE G. BROWN United States Attorney
Dated: October 13, 2009
By:
/s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney Attorneys for the United States of America ORDER
G O O D CAUSE APPEARING, including the parties' stipulation, it is hereby ordered that Defendants FAMILY HEALTHCARE NETWORK; ANDY PHAN, M.D., and RARIA REYNA PCA 1 are dismissed, without prejudice, from this lawsuit. It is further ordered and approved that the caption can be changed to reflect that the UNITED STATES OF AMERICA is the sole Defendant in this suit. This dismissal does not close this action.
IT IS SO ORDERED. D a te d : 66h44d October 14, 2009 /s/ Lawrence J. O'Neill U N IT E D STATES DISTRICT JUDGE
Stipulated Dismissal and Caption Change
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