M. v. Saini et al
Filing
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STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr on 6/16/15 DISMISSING CASE without prejudice. The Clerk of Court is DIRECTED to CLOSE the file. CASE CLOSED. (Meuleman, A)
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BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant United States Attorney
501 I Street Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2720
Facsimile: (916) 554-2900
Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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S. M., a minor by and through his guardian
ad litem, TIMOTHY MARTIN,
v.
UNITED STATES OF AMERICA;
CHRISTOPHER LOUISELL, M.D.;
MORGAN GAURA, P.A.; MERCY
MEDICAL CENTER REDDING dba
DIGNITY HEALTH; and DOES 1 through
100 inclusive,
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[Fed. R. Civ. P. 41(a)(1)(A)(ii)]
The parties to this action, through their respective counsel, hereby enter into the following
stipulation of dismissal of plaintiff=s claims against the United States for lack of jurisdiction.
STIPULATION
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STIPULATION OF DISMISSAL OF
PLAINTIFF’S CLAIMS AGAINST THE UNITED
STATES OF AMERICA FOR LACK OF
JURISDICTION; ORDER
Defendants.
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Plaintiff,
Case No. 2:15-cv-01097 MCE CMK
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On December 16, 2014, plaintiff filed a medical malpractice complaint in Shasta County
Superior Court in Shasta County Superior Court.
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On May 20, 2015, the United States removed the state court action to this Court. The
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United States filed a Certification of Scope of Federal Employment as to defendants Shasta Community
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Health Center (SCHC) and Deepika Saini, M.D., and a Notice of Substitution by which the United
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States was substituted as proper party defendant in place of SCHC and Dr. Saini.
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3.
Plaintiff did not present an administrative claim to the United States Department of
Stipulation to Dismiss Claims Against
United States for Lack of Jurisdiction
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Health and Human Services (“HHS”) prior to filing his lawsuit, as required by 28 U.S.C. § 2675(a).
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He subsequently presented administrative claim to HHS on April 21, 2015.
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Based on the foregoing, the parties hereby stipulate that plaintiff=s claims against the
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United States shall be dismissed for lack of subject matter jurisdiction, and that such dismissal shall
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bewithout prejudice, each party to bear her or its own costs.
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DATED: June 11, 2015
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By: /s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney
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DATED: May 28, 2015
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DATED: June 11, 2015
KENNY, SNOWDEN & NORINE
By: /s/ Kelly J. Snowden
KELLY J. SNOWDEN
LINDA R. SCHAAP
Attorneys for Defendant
Dignity Health, dba Mercy Medical Center Redding
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LAW OFFICE OF STEVEN H. SCHULTZ
By: /s/ Steven H. Schultz
STEVEN H. SCHULTZ
Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DATED: June 6, 2015
WASHINGTON & HEITHECKER
By: /s/ George E. Washington
GEORGE E. WASHINGTON
Attorneys for Defendants
Christopher Louisell, M.D. and Morgan Gaura, P.A.
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ORDER
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In accordance with the foregoing stipulation, the above referenced matter is hereby dismissed,
without prejudice. The Clerk of Court is directed to close the file.
IT IS SO ORDERED.
Dated: June 16, 2015
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Stipulation to Dismiss Claims Against
United States for Lack of Jurisdiction
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