Muir v. U.C. Davis et al

Filing 14

ORDER signed by Chief Judge Morrison C. England, Jr., on 1/5/15 ORDERING that the Motion to Dismiss 8 is DENIED as moot, and the 1/8/15, hearing on that Motion is VACATED. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 EDWARD A. OLSEN (CSBN 214150)
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for the United States of America
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEWIS MUIR,

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CASE NO. 2:14-cv-2716-MCE-CKD
Plaintiff,

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v.

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STIPULATION REGARDING
PLAINTIFF’S CLAIMS AGAINST
THE UNITED STATES; AND
ORDER

UC DAVIS; PAUL PERVY, M.D.; MEGAN
DALY, M.D.; UNITED STATES OF
AMERICA; and DOES 1-100;

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Defendants.

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Plaintiff, by and through his attorney of record, and the United States, by and through its

20 attorneys of record, hereby stipulate, subject to approval of the Court, to the following:
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(1) Plaintiff will file an Amended Complaint no later than January 16, 2015, substituting

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Plaintiff’s estate and/or successors in interest for the deceased Plaintiff Lewis Muir.

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(2) Plaintiff’s estate and/or successors will then dismiss its claims against the United States

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without prejudice in light of the fact that neither Plaintiff nor Plaintiff’s estate and/or

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successors has exhausted an administrative tort claim with the appropriate agency

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pursuant to the Federal Tort Claims Act. Plaintiff’s estate and/or successors will file a

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notice of voluntary dismissal of its claims against the United States without prejudice no

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later than January 23, 2015.

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(3) The parties agree to vacate the January 8, 2015 hearing on the United States’ Motion to
Dismiss.

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Respectfully submitted,

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DATED: January 5, 2015

BENJAMIN B. WAGNER
United States Attorney

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/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney

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11 DATED: December 29, 2014

/s/ Charles D. Caraway
CHARLES D. CARAWAY
THE CARAWAY LAW FIRM

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED. The Motion to Dismiss (ECF

18 No. 8) is DENIED as moot, and the January 8, 2015, hearing on that Motion is VACATED.
19 Dated: January 5, 2015
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