Yao v. North East Medical Services et al

Filing 25

ORDER TO SHOW CAUSE AND RE CASE MANAGEMENT CONFERENCE re 24 Stipulation, 23 Notice. Response due by 9/24/2014 at noon. Case Management Statement due by 11/13/2014 at noon. Case Management Conference set for 11/20/2014 11:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on September 17, 2014. (whalc1, COURT STAFF) (Filed on 9/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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YUHONG YAO, as Heir, and on behalf of
all Heirs and the Estate of Xiulan Zhang,
deceased,

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No. C 14-03561 WHA

Plaintiff,
v.

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NORTH EAST MEDICAL SERVICES,
JOSEPH KERBLESKI, JUDY HSU, BIN
YAO,

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Defendants.

ORDER TO SHOW CAUSE
AND RE CASE MANAGEMENT
CONFERENCE
/

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In August 2014, plaintiff commenced this action involving alleged personal injury and

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wrongful death against defendants North East Medical Services, Joseph Kerbleski, Judy Hsu,

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and Bin Yao. Counsel for defendants North East Medical Services, Joseph Kerbleski, and Judy

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Hsu subsequently entered a stipulation to extend the deadline to respond to the complaint

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(Dkt. No. 17).

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On September 16, the United States filed a notice substituting itself “in place of

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defendants North East Medical Services, Joseph Kerbleski, and Judy Hsu” pursuant to Section

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2679(d)(1) of Title 28 of the United States Code. The notice stated that as to those defendants,

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“this action is dismissed with prejudice as to all claims for which the United States is

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substituted.” The United States certified that North East Medical Services, Joseph Kerbleski,

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and Judy Hsu were “deemed employees of the Public Health Service” and were “acting in the
scope of such employment at the time of the incident” (Dkt. No. 23-1).

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All parties have until NOON ON SEPTEMBER 24, 2014, to show cause why defendants

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North East Medical Services, Joseph Kerbleski, and Judy Hsu should not be dismissed with

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prejudice and the United States should not be substituted as the “proper defendant.” If no

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statement is timely filed, those defendants will be dismissed and their private counsel will be

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terminated in this action in ECF. Please inform the Court whether the caption should be

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amended.

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The stipulation to continue the initial case management conference is GRANTED IN PART.
The case management conference is hereby reset to NOVEMBER 20, 2014, AT 11:00 A.M.
A joint case management statement is due by NOON ON NOVEMBER 13. Plaintiff shall promptly

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For the Northern District of California

United States District Court

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serve a copy of this order on all parties.

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IT IS SO ORDERED.

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Dated: September 17, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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