Bastidas v. Good Samaritan Hospital LP et al
Filing
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ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS 24 25 (Illston, Susan) (Filed on 1/13/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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ORDER DENYING AS MOOT
DEFENDANTS’ MOTIONS TO DISMISS
Plaintiff,
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No. CV 13-4388 SI
J. AUGUSTO BASTIDAS, M.D.,
v.
GOOD SAMARITAN HOSPITAL LP, a
Delaware Limited Partnership; SAMARITAN
LLC, a Delaware limited liability company;
GOOD SAMARITAN HOSPITAL MEDICAL
STAFF, a California unincorporated association;
HCA, INC., a Delaware corporation; STEVEN
M. SCHWARTZ, M.D.; and BRUCE G.
WILBUR, M.D.,
Defendants.
/
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A motion to dismiss plaintiff’s complaint has been filed by defendants Good Samaritan Hospital
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LP, Samaritan LLC, Good Samaritan Hospital Medical Staff, Steven M. Schwartz, and Bruce G. Wilbur,
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and a motion to dismiss has been filed by defendant HCA, Inc.; both motions are scheduled for hearing
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on January 24, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that these matters are
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appropriate for resolution without oral argument and VACATES the hearing.
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On December 23, 2013, plaintiff filed a first amended complaint under Federal Rule of Civil
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Procedure 15(a)(1)(B), mooting defendants’ motions to dismiss. See Ferdik v. Bonzelet, 963 F.2d 1258,
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1262 (9th Cir. 1992) (“[A]fter amendment the original pleading no longer performs any function and
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is ‘treated thereafter as non-existent.’”). Accordingly, the Court DENIES as moot the defendants’
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motions to dismiss. Docket Nos. 24-25.
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IT IS SO ORDERED.
Dated: January 13, 2014
SUSAN ILLSTON
United States District Judge
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