Rascon v. Kaweah Delta Health Care District et al

Filing 5

ORDER re Notice of Substitution of Defendant and Directing Office of the Clerk to Administratively Terminate Family Healthcare Network signed by Magistrate Judge Stanley A. Boone on 7/9/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMANTHA RASCON,
Plaintiff,

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Case No. 1:18-cv-00711-AWI-SAB
ORDER RE NOTICE OF SUBSTITUTION
OF DEFENDANT AND DIRECTING
OFFICE OF THE CLERK TO
ADMINISTRATIVELY TERMINATE
FAMILY HEALTHCARE NETWORK

v.
UNITED STATES OF AMERICA,
Defendant.

(ECF No. 2)

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On December 6, 2017, Plaintiff Samantha Rascon filed this action in the Tulare County

18 Superior Court against the Kaweah Delta Health Care District and the Family Healthcare
19 Network. (ECF No. 1 at 4-8.) On May 24, 2018, the United States of America removed this
20 action to the Eastern District of California and filed a notice of substitution for the Family
21 Healthcare Network. (ECF Nos. 1, 3.)
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Pursuant to 28 U.S.C. § 2679, the exclusive remedy against an employee working in the

23 scope of his employment is against the United States. As relevant here, a non-profit private
24 entity receiving federal funds shall be deemed to be an employee of the Public Health Service
25 and the exclusive remedy shall be against the United States. 42 U.S.C. 233(g)(1)(A). “Upon
26 certification by the Attorney General that the defendant employee was acting within the scope of
27 his office or employment at the time of the incident out of which the claim arose, any civil action
28 or proceeding commenced upon such claim in a United States district court shall be deemed an

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1 action against the United States under the provisions of this title and all references thereto, and
2 the United States shall be substituted as the party defendant.” 28 U.S.C. § 2679(d)(1).
The Court notes that currently the docket in this action lists Kaweah Delta Health Care

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4 District as a defendant. However, the Court takes judicial notice of Rascon v. Kaweah Delta
5 Health

Care

District,

VCU272009

(Tulare

County

Superior

6 https://efiling.tulare.courts.ca.gov/?q=node/364/1446115/FV-Documents-Portal.

Court),

Although the

7 notice of removal was filed on November 25, 2018, case management statements were filed on
8 May 31, 2018 and June 4, 2018 by Plaintiff and Kaweah Delta Health Care District. In their
9 joint scheduling report, the parties shall address the status of Kaweah Delta Health Care District
10 as it pertains to this action.
Accordingly, this action is proceeding against the United States of America and the

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12 Office of the Clerk is DIRECTED to terminate Family Health Network as a defendant in this
13 action.
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IT IS SO ORDERED.

16 Dated:

July 9, 2018
UNITED STATES MAGISTRATE JUDGE

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