Thomas v. Family Healthcare Network et al

Filing 28

ORDER granting Petition to Substitute 26 signed by Magistrate Judge Stanley A. Boone on 11/25/2024. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEANNE THOMAS,

Case No. 1:23-cv-01610-KES-SAB

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Plaintiff,
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ORDER GRANTING PETITION TO
SUBSTITUTE

v.
(ECF No. 26.)

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FAMILY HEALTHCARE NETWORK, et al.,
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Defendants.
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Before the Court is the United States of America’s notice and petition to substitute
parties. (ECF No. 26.) The United States has recently discovered that Defendant Family Health
Care Network was a public or non-profit entity deemed by the Department of Health and Human
Services to be an employee of the Public Health Service, pursuant to 42 U.S.C. § 223(g).
Moreover, Defendant Narwhals Mating, M.D., was an employee of Family Health Care Network
and was therefore a covered person within the scope of the statutorily deemed federal
employment as an employee of the Public Health Network. The United States have provided a
formal certification of their deemed employment and scope of employment. (ECF No. 26-1.)
As the United States notes, the Federally Supported Health Centers Assistance Act
provides that upon such certification, the remedy “. . . shall be exclusive of any other civil action
or proceeding to the same extent as the remedy against the United States . . . .” 42 U.S.C. §
233(g)(1)(A).

Accordingly, the Court HEREBY GRANTS the petition. (ECF No. 26.) Pursuant to 42

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2 U.S.C. § 233(g)(1)(A), the United States of America is hereby SUBSTITUTED for Defendants
3 Family Healthcare Network and Narwhals Mating, M.D.
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IT IS SO ORDERED.

6 Dated:

November 25, 2024
STANLEY A. BOONE
United States Magistrate Judge

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