Galvan et al v. Brock et al

Filing 16

STIPULATION for Substitution of United States of America as Defendant; ORDER signed by Magistrate Judge Michael J. Seng on 5/7/12. Rebecca J. Brock, M.D. and Golden Valley Health Centers terminated. (Verduzco, M)

1

5

BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Defendant United States of America

2
3
4

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

AGUEDA GALVAN, SOPHIA ARCE,
a minor,

12

Plaintiffs,

13
14
15
16

v.
REBECCA J. BROCK, M.D., DOCTORS
MEDICAL CENTER OF MODESTO,
MODESTO ADVANCED IMAGING
CENTER, GOLDEN VALLEY HEALTH
CENTERS, DOES 1 to 50,

17

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:11-cv-02079 AWI-MJS
STIPULATION FOR SUBSTITUTION
OF UNITED STATES OF AMERICA AS
DEFENDANT;

18
19

Plaintiffs Agueda Galvan and Sophia Arce, a minor (“Plaintiffs”), and Defendant United

20

States of America (“United States”) hereby stipulate, by and through the undersigned counsel,

21

that the United States is hereby substituted as Defendant in this action, in place of Defendants

22

Rebecca J. Brock, M.D. and Golden Valley Health Centers. Plaintiffs and the United States

23

agree to this substitution because the Complaint alleges, among others, a tort claim based on

24

claimed medical malpractice, and under 28 U.S.C. § 2679 and 42 U.S.C. § 233, and the United

25

States is the proper defendant in such an action. Accordingly, the parties stipulate and agree that

26

the United States is hereby substituted as defendant, in place of Rebecca J. Brock, M.D. and

27

///

28

///
1
STIPULATION FOR SUBSTITUTION OF UNITED STATES OF AMERICA AS DEFENDANT

1

Golden Valley Health Centers, and base it on the above-stated good cause. The parties request

2

the court to endorse this stipulation by way of formal order.

3
4

Respectfully submitted,
Dated: May 11, 2012

BENJAMIN B. WAGNER
United States Attorney

5
6
By:
7
8

/s/Alyson A. Berg
ALYSON A BERG
Assistant U.S. Attorney
Attorneys for Defendant
United States of America

9
10

Dated: May 11, 2012

11
(As authorized 5/4/12)

12

/s/Glen M. Belovsky
Glen M. Belovsky
Attorneys for Plaintiffs

13
14
15

ORDER

16
17

IT IS SO ORDERED.

18

Dated:
ci4d6

May 7, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
2
STIPULATION FOR SUBSTITUTION OF UNITED STATES OF AMERICA AS DEFENDANT