Jodoin v. Chapa-De Indian Health Program et al

Filing 12

ORDER signed by Judge Lawrence K. Karlton on 10/9/2013 ORDERING that Plaintiff's cause of action for fraud is DISMISSED. Plaintiff is GRANTED leave to file an amended complaint within twenty-eight (28) days. If, due to the government shutdown and furlough, defendants require additional time to respond to the amended complaint beyond that provided in the FRCP, they are GRANTED leave to apply ex parte for a reasonable extension of time. The hearing on the motion to dismiss, currently set for 10/21/2013, is VACATED. The Status (Pretrial Scheduling) Conference herein is CONTINUED until 1/21/2014 at 11:00 a.m. in chambers. The parties are DIRECTED to file a joint status report, or individual status reports, no later than 1/7/2014. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KATHERINE JODOIN, 12 13 14 15 No. CIV. S-13-1689 LKK/KJN Plaintiff, v. ORDER UNITED STATES, Defendant. 16 17 This case concerns an alleged incident of medical 18 malpractice at the Chapa-De Indian Health Program, an Indian 19 Health Service facility located in Placer County. Plaintiff 20 Katherine Jodoin initially sued the Chapa-De Program and dentist 21 Dr. Hahn Tran in Placer County Superior Court, alleging 22 negligence and fraud. (Complaint, ECF No. 1.) 23 Defendant United States contends that, under the Indian 24 Self-Determination and Education Assistance Act (“ISDEAA”), 25 25 U.S.C. §§ 450 et seq., employees working within the scope of 26 their employment under an ISDEAA contract are deemed employees of 27 the United States. See 25 U.S.C. § 450f. (Notice of Removal ¶¶ 4, 28 5, ECF No. 1.) Accordingly, the United States removed the action 1 1 to this court, and now moves to dismiss plaintiff’s cause of 2 action for fraud for lack of subject matter jurisdiction on 3 grounds of sovereign immunity. (ECF No. 5.) 4 5 6 As plaintiff has filed a notice of non-opposition, the motion will be granted. (ECF No. 9.) A status conference has been set in this matter for November 7 4, 2013 at 1:30 p.m. (ECF No. 2.) In their joint status report, 8 the parties request a continuance of the status conference and 9 all other dates in this matter because the Assistant U.S. 10 Attorney who represents the defendants has been furloughed as 11 part of the ongoing government shutdown. (ECF No. 10.) The court 12 finds this request to be reasonable. 13 The court hereby orders as follows: 14 [1] Plaintiff’s cause of action for fraud is DISMISSED. 15 Plaintiff is GRANTED leave to file an amended complaint 16 within twenty-eight (28) days of docketing of this order. 17 If, due to the government shutdown and furlough, defendants 18 require additional time to respond to the amended complaint 19 beyond that provided in the Federal Rules of Civil 20 Procedure, they are GRANTED leave to apply ex parte for a 21 reasonable extension of time. 22 23 [2] The hearing on the motion to dismiss, currently set for 24 October 21, 2013, is VACATED. 25 26 [2] The Status (Pretrial Scheduling) Conference herein is 27 CONTINUED until January 21, 2014 at 11:00 a.m. in chambers. 28 2 1 The parties are DIRECTED to file a joint status report, or 2 individual status reports, no later than January 7, 2014. 3 4 IT IS SO ORDERED. 5 DATED: October 9, 2013. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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