M. v. Saini et al

Filing 11

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)

1
2
3
4
5
6

BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant United States Attorney
501 I Street Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for United States of America

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

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,

20

23
24

[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

21
22

STIPULATION OF DISMISSAL OF
PLAINTIFF’S CLAIMS AGAINST THE UNITED
STATES OF AMERICA FOR LACK OF
JURISDICTION; ORDER

Defendants.

18
19

Plaintiff,

Case No. 2:15-cv-01097 MCE CMK

1.

On December 16, 2014, plaintiff filed a medical malpractice complaint in Shasta County

Superior Court in Shasta County Superior Court.
2.

On May 20, 2015, the United States removed the state court action to this Court. The

25

United States filed a Certification of Scope of Federal Employment as to defendants Shasta Community

26

Health Center (SCHC) and Deepika Saini, M.D., and a Notice of Substitution by which the United

27

States was substituted as proper party defendant in place of SCHC and Dr. Saini.

28
29

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

1

1

Health and Human Services (“HHS”) prior to filing his lawsuit, as required by 28 U.S.C. § 2675(a).

2

He subsequently presented administrative claim to HHS on April 21, 2015.

3

4.

Based on the foregoing, the parties hereby stipulate that plaintiff=s claims against the

4

United States shall be dismissed for lack of subject matter jurisdiction, and that such dismissal shall

5

bewithout prejudice, each party to bear her or its own costs.

6

DATED: June 11, 2015

7

By: /s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

8
9
10

DATED: May 28, 2015

12
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

14
15
16
17

LAW OFFICE OF STEVEN H. SCHULTZ
By: /s/ Steven H. Schultz
STEVEN H. SCHULTZ
Attorney for Plaintiff

11

13

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.

18
19
20

ORDER

21
22
23
24
25

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

26
27
28
29

Stipulation to Dismiss Claims Against
United States for Lack of Jurisdiction

2