Esparza v. Collectibles Management Resources, Inc., et al.

Filing 27

ORDER GRANTING Construed 26 Motion to Amend the Complaint and Substitute Correct Name of Party, signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2025. (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFRED ESPARZA,

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Case No. 1:24-cv-01547-KES-HBK

Plaintiff,
ORDER GRANTING CONSTRUED MOTION
TO AMEND COMPLAINT AND
SUBSTITUTE CORRECT NAME OF PARTY

v.
COLLECTIBLES MANAGEMENT
RESOURCES, INC., AMERICAN
AMBULANCE BILLING, LP,
ADVENTIST HEALTH CARE
NETWORK, INC., AND SEQUOIA
INSITUTE FOR SURGICAL SERVCIES,
INC.

(Doc. No. 26)

Defendants.

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Pending before the Court is Defendant, Hanford Community Hospital dba Adventist

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Health Hanford and Plaintiff Alfredo Esparza (collectively “the Parties”) joint Stipulation to

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Substitute Correct Name of Defendant filed March 7, 2025. (Doc. No. 26).

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On December 17, 2024, Plaintiff this action naming, inter alia, Adventist Health Care

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Network, Inc. as a defendant. (Doc. No. 1 at 1-2). The Parties acknowledge that the Defendant

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Adventist Health Care Network, Inc. is not the correct name of the Defendant sued herein. (Doc.

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No. 26 at 1). Thus, the Parties agree the correct named defendant, Defendant, “Hanford

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Community Hospital dba Adventist Hanford,” should be substituted in place of “Adventist

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Health Care Network, Inc” throughout all portions of the Plaintiffs’ Complaint (Id. 1-2).

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Additionally, the Parties request that all future filing and the case caption be amended to

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substitute “Hanford Community Hospital dba Adventist Health Hanford” in place of “Adventist

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Health Care Network, Inc.”

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Given that Defendant Hanford Community Hospital dba Adventist Health Hanford

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consents to the amendment changing the name of the party, the Court construes the Joint

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Stipulation as a motion brought under pursuant to Federal Rule of Civil Procedure 15(a)(2) and

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15(c)(1)(C). (Id. at 2).1

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Accordingly, it is ORDERED:

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1. The Joint Stipulation (Doc. No. 26), construed as a motion under Fed. R. Civ. P. 15(a)(2)

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and 15(c)(1)(C), is GRANTED.

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2. Defendant, Hanford Community Hospital dba Adventist Hanford should be substituted in

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place of Adventist Health Care Network, Inc. throughout all portions of the Plaintiffs’

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Complaint.

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3. The Clerk of Court shall correct the docket to reflect that Hanford Community Hospital

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dba Adventist Health Hanford” is substituted in place of Adventist Health Care Network,

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Inc.

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Dated:

March 10, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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A party’s consent does not eliminate Plaintiff’s right to file an amended complaint under Fed. R. Civ. P.
15(a)(1). Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (holding a “[p]laintiff's
15(a)(2) amendment, filed first in time, cannot be construed as a waiver or exhaustion of his automatic
right to amend under 15(a)(1), so long as that amendment was timely.” See also T.T. v. Cnty. of San
Diego, No. 319-CV-00407-AJB-AGS, 2020 WL 516146, at *3 (S.D. Cal. Jan. 31, 2020).
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