Walker, et al v. United States of America et al

Filing 12

ORDER Regarding Stipulation to Dismiss: Joe Mawad, M.D. and San Marcos Medical Group, Inc. dba Metropolitan Family Medical Clinic, Inc., signed by District Judge Dale A. Drozd on 04/11/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH AGNES WALKER; MARIO
JAMES GAYLES,
Plaintiffs,

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No. 1:15-cv-01597-DAD-JLT

v.
THE UNITED STATES OF AMERICA;
DEPARTMENT OF HEALTH AND
HUMAN SERVICES; JANSSEN
PHARMACEUTICALS, INC., a
pharmaceutical company of Johnson &
Johnson, a New Jersey corporation;
CLINICA SIERRA VISTA; FRAZIER
MOUNTAIN COMMUNITY HEALTH
CENTER; SHARON POWELL, PNP-C;
SUNDAY IRENE, M.D.;
METROPOLITAN FAMILY MEDICAL
CLINICS, INC; and JOE MAWAD, M.D.,

ORDER REGARDING STIPULATION TO
DISMISS JOE MAWAD, M.D. AND SAN
MARCOS MEDICAL GROUP, INC., D/B/A
METROPOLITAN FAMILY CLINIC
(Doc. No. 11)

Defendants.

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On April 8, 2016, the parties filed a joint stipulation dismissing Joe Mawad, M.D., and

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San Marcos Medical Group, Inc., d/b/a Metropolitan Family Medical Clinic, with prejudice.

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(Doc. No. 11.) The parties further stipulated that:

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[T]he parties remaining in the Federal action, Plaintiffs Elizabeth
Agnes Walker and Mario James Gayles, Defendants, Janssen
Pharmaceuticals, Clinica Sierra Vista, Frazier Mountain
Community Health Center, Sharon Powell, FNP-C, and Sunday
Irene, M.D., and the parties to the California State Superior Court
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action, Plaintiffs Elizabeth Agnes Walker and Mario James Gayles,
and Defendants, Janssen Pharmaceuticals, Joe Mawad, M.D., and
San Marcos Medical Group, Inc., dba Metropolitan Family Medical
Clinic, agree to conduct joint discovery including depositions.

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(Doc. No. 11, at 2.)
In light of the parties’ stipulation, Joe Mawad, M.D., and San Marcos Medical Group,

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Inc., d/b/a Metropolitan Family Medical Clinic have been terminated from this action, see Fed. R.

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Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and have

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been dismissed with prejudice. Joe Mawad, M.D., and San Marcos Medical Group, Inc., d/b/a

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Metropolitan Family Medical Clinic’s motion to dismiss (Doc. No. 9) is hereby moot.

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This dismissal does not affect the status of plaintiffs’ complaint against Joe Mawad, M.D.,

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and San Marcos Medical Group, Inc., d/b/a Metropolitan Family Medical Clinic, in the state court

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action filed in the San Bernardino County Superior Court, Case No. CIVDS 1500655.

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Furthermore, as stipulated by the parties, the parties in this action shall conduct joint discovery

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including depositions with the parties in the state court action.

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IT IS SO ORDERED.

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Dated:

April 11, 2016
UNITED STATES DISTRICT JUDGE

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