D.L. v. Vassilev, et al.

Filing 14

ORDER signed by District Judge Anthony W. Ishii on 5/20/2013 DISMISSING Defendant, USA and REMANDING CASE to Tulare County Superior Court. Certified Copy of remand order sent to other court. CASE CLOSED.(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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D.L., a minor by and through his Guardian
Ad Litem, KARI ANN JUNIO,
Plaintiff,

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v.

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Case No. 1:13-CV-00401-AWI-BAM
ORDER FOR DISMISSAL OF DEFENDANT
UNITED STATES OF AMERICA AND REMAND
TO STATE COURT

MARGARET VASSILEV, M.D.; et al.,
Defendants.

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Based on the stipulation of the parties filed herein on May 20, 2013, IT IS HEREBY ORDERED

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14 that the amended complaint is dismissed against defendant United States of America, without prejudice,

15 pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.
Upon dismissal of the United States, the Court has no further jurisdiction over this action.

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17 Accordingly, IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1447(c), the remainder of this
18 action, to wit, Plaintiff’s claims against the non-federal defendants, is hereby remanded back to Tulare
19 County Superior Court, where it was originally filed as [D.L.] v. Margaret Vassilev, M.D. et al., Case
20 No. 246425.
The parties shall bear their own court costs and attorney’s fees.

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22 IT IS SO ORDERED.
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25 Dated: May 20, 2013
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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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On March 18, 2013, the United States of America was substituted in lieu of party defendant
Christopher Bencomo, M.D., pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2679(d), whereby all
28 claims against Dr. Bencomo were dismissed with prejudice. See Doc. #2.
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