Palacio, et al v. United States of America

Filing 104

STIPULATION and ORDER signed by Judge John A. Mendez on 8/19/15. The portion of this action removed from the Lassen County Superior Court is DISMISSED with prejudice pursuant to FRCP 41(a)(1), with each party bearing their own attorney's fees and costs. The Federal Tort Claims Act complaint is still pending and is set for trial on 9/24/15. (Manzer, C)

1
2
3

THOMAS J. DOYLE, BAR No. 114485
SCHUERING ZIMMERMAN & DOYLE, LLP
400 University Avenue
Sacramento, CA 95825
[phone]
Fax: [phone]

4
5

Attorneys for Defendant and Cross-Complainant
BANNER HEALTH dba BANNER LASSEN MEDICAL CENTER

6
7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12

I.P., a minor, by and through her
guardian ad litem, FACUNDO
PALACIO DIAZ, MICAELA PALACIO,
FACUNDO PALACIO DIAZ,

13

Plaintiffs,

14

vs.
15
16
17
18

UNITED STATES OF AMERICA,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:13-CV-01012 JAM-CKD
Consolidated w/ 2:13-CV-02013 JAMCKD
STIPULATION OF DISMISSAL
AND ORDER OF DISMISSAL
[FRCP 41(a)]

19
20
21
22

Plaintiffs I.P., a minor, by and through her guardian ad litem, FACUNDO
PALACIO DIAZ, MICAELA PALACIO and FACUNDO PALACIO DIAZ, Defendant
and Cross-Complainant BANNER HEALTH dba BANNER LASSEN MEDICAL

23

CENTER and Defendant UNITED STATES OF AMERICA hereby stipulate under

24

Federal Rule of Civil Procedure 41(a)(1) that the portion of this action removed from

25

the Lassen County Superior Court, Case No. 56180 (complaint Palacio v. Banner

26

Health and cross-complaint Banner Health v. Davainis) be dismissed with

27

prejudice, with each party bearing their own attorney’s fees and costs. This

28

stipulation and order does not include the Federal Tort Claims Act complaint by

1
STIPLATION OF DISMISSAL AND ORDER OF DISMISSAL

1

plaintiffs I.P., a minor by and through her guardian ad litem, FACUNDO PALACIO

2

DIAZ and MICAELA PALACIO against the United States of America which is still

3

pending and is set to begin trial on

4

September 24, 2015.

5

Dated: 7/27/2015

6

LAW OFFICES OF BRUCE G. FAGEL &
ASSOCIATES

7
8

By: _/s/____________________________
Bruce G. Fagel, Esq.
100 N. Crescent Dr., Ste. 360
Beverly Hills, CA 90210
Attorneys for Plaintiffs

9
10
11
12
13

Dated: 8/1/2015
14

SCHUERING ZIMMERMAN & DOYLE,
LLP

15
16
17
18
19
20

By: /s/__________________________
Thomas J. Doyle, Esq.
400 University Avenue
Sacramento, California 95825-6502
Attorneys for Defendant BANNER
HEALTH dba BANNER LASSEN
MEDICAL CENTER

21
22
23
24
25
26
27
28

2
STIPLATION OF DISMISSAL AND ORDER OF DISMISSAL

1

Dated: 8/10/2015

BENJAMIN B. WAGNER
United State Attorney

2
3

By: __/s/__________________________
Victoria Boesch
Assistant United States Attorney
Attorneys for Defendant UNITED
STATES OF AMERICA

4
5
6
7

ORDER OF DISMISSAL

8
9

Pursuant to the stipulation of the parties under Federal Rule of Civil

10

Procedure 41(a)(1) IT IS ORDERED THAT the portion of this action removed from

11

the Lassen County Superior Court, Case No. 56180 (complaint Palacio v. Banner

12
13

Health and cross-complaint Banner Health v. Davainis) be, and hereby is dismissed

14

with prejudice, with each party bearing their own attorney’s fees and costs.

15
16

IT IS FURTHER ORDERED THAT this order does not include the Federal
Tort Claims Act complaint by plaintiffs I.P., a minor by and through her guardian

17
18

ad litem, FACUNDO PALACIO DIAZ and MICAELA PALACIO against the United

19

States of America which is still pending and is set for trial on September 24, 2015.

20
21
22
23

Dated: 8/19/2015
/s/ John A. Mendez__________________________
John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

24
25
26
27
28

3
STIPLATION OF DISMISSAL AND ORDER OF DISMISSAL