Winkfield v. Childrens Hospital Oakland et al

Filing 18

ORDER by Judge Saundra Brown Armstrong DENYING 12 MOTION FOR PRELIMINARY INJUNCTION AS MOOT AND VACATING MOTION HEARING (terminating 2 Motion for TRO). (ndr, COURT STAFF) (Filed on 1/6/2014)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 LATASHA WINKFIELD, an individual Case No: C 13-5993 SBA 6 parent and guardian of Jahi McMath, a minor, Plaintiff, 7 vs. 8 9 CHILDREN’S HOSPITAL OAKLAND, Dr. ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AS MOOT AND VACATING MOTION HEARING Dkt. 2 and 12 David Durand M.D. and DOES 1 through 10, 10 inclusive, Defendants. 11 12 13 On January 2, 2014, Plaintiff filed a motion for preliminary injunction1 which seeks 14 an order requiring Defendant Children’s Hospital Oakland (“CHO”) to maintain Plaintiff’s 15 daughter, Jahi McMath (“Jahi”), on a ventilator and to insert a gastric tube and a 16 tracheostomy tube to allow her to be transferred to another facility. Dkt. 12. On the same 17 date, the Court referred this matter to a Magistrate Judge of this Court for an emergency 18 mandatory settlement conference to take place on January 3, 2014, at 11:00 a.m. Dkt. 10, 19 11. 20 Early in the day on January 3, 2014, the parties reached an agreement in Plaintiff’s 21 parallel state court action, Alameda County Case No. RP-13-707598, under which custody 22 of Jahi was to be transferred to Plaintiff. Later that morning, the parties appeared before 23 the Magistrate Judge to begin their settlement conference. After working with the 24 Magistrate Judge in excess of seven hours, the parties were able to reach an agreement to 25 effectuate the transfer of Jahi from CHO. The Court has been advised that, pursuant to the 26 1 Plaintiff styled her motion as a Motion to Compel Further Life Support and the Installation of a Tracheotomy Tube and Gastric Feeding Tube to Allow Transportation of 28 Jahi McMath. 27 1 parties’ agreement, Jahi was moved from CHO on the evening of January 5, 2014, at which 2 time Plaintiff accepted sole responsibility for Jahi. Dkt. 16. 3 The parties’ agreement and their consummation thereof moots the requests set forth 4 in Plaintiff’s motion for preliminary injunction. The Court appreciates the efforts of the 5 Magistrate Judge in conducting the settlement conference, and lauds the parties for their 6 willingness to set aside their differences in this extraordinarily difficult case to reach a 7 mutually acceptable agreement regarding the transfer of Jahi. Accordingly, 8 9 10 11 12 IT IS HEREBY ORDERED THAT Plaintiff’s motion for preliminary injunction is DENIED as moot. The hearing scheduled for January 7, 2014, at 1:00 p.m. is VACATED. This Order terminates Docket 2 and 12. IT IS SO ORDERED. Dated: January 6, 2014 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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