Chan et al v. Doctors Hospital Modesto et al

Filing 44

ORDER for Dismissal of Defendant United States of America and Remand to State Court, signed by District Judge Anthony W. Ishii on 2/8/13. Copy of remand order sent to other court. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEN CHAN and J.C., a minor by and
through his Guardian Ad Litem,
YOLANDA TORRES,

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Plaintiffs,
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v.
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DOCTORS HOSPITAL MODESTO,
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et al.,
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Defendants. )
____________________________________)

Case No. 1:12-CV-01909-AWI-GSA
ORDER FOR DISMISSAL OF DEFENDANT
UNITED STATES OF AMERICA AND
REMAND TO STATE COURT

Based on the stipulation of the parties filed herein on February 8, 2013, IT IS HEREBY

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ORDERED that the complaint is dismissed against defendant United States of America,1 with

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prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.

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Upon dismissal of the United States, the Court has no further jurisdiction over this action.

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Accordingly, IT IS FURTHER ORDERED that the remainder of this action, to wit, Plaintiffs claims

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against Defendants Doctors Medical Center of Modesto, Inc. (erroneously sued herein as Doctors

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Hospital Modesto), Fred Adams, M.D., and non-federal Does 1 through 20, inclusive, is hereby

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remanded back to Stanislaus County Superior Court pursuant to 28 U.S.C. § 1447(c).

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IT IS SO ORDERED.
Dated:
0m8i78

February 8, 2013
SENIOR DISTRICT JUDGE

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On May 18, 2012, the United States of America was substituted in lieu of party defendant
Sylvia Diego, M.D., pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2679(d), whereby all
claims against Dr. Diego were dismissed with prejudice. See Doc. #2.
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