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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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LATASHA WINKFIELD, an individual

Case No: C 13-5993 SBA

6 parent and guardian of Jahi McMath, a minor,

Plaintiff,

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vs.

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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.

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On January 2, 2014, Plaintiff filed a motion for preliminary injunction1 which seeks

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an order requiring Defendant Children’s Hospital Oakland (“CHO”) to maintain Plaintiff’s

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daughter, Jahi McMath (“Jahi”), on a ventilator and to insert a gastric tube and a

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tracheostomy tube to allow her to be transferred to another facility. Dkt. 12. On the same

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date, the Court referred this matter to a Magistrate Judge of this Court for an emergency

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mandatory settlement conference to take place on January 3, 2014, at 11:00 a.m. Dkt. 10,

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11.

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Early in the day on January 3, 2014, the parties reached an agreement in Plaintiff’s

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parallel state court action, Alameda County Case No. RP-13-707598, under which custody

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of Jahi was to be transferred to Plaintiff. Later that morning, the parties appeared before

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the Magistrate Judge to begin their settlement conference. After working with the

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Magistrate Judge in excess of seven hours, the parties were able to reach an agreement to

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effectuate the transfer of Jahi from CHO. The Court has been advised that, pursuant to the

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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
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parties’ agreement, Jahi was moved from CHO on the evening of January 5, 2014, at which

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time Plaintiff accepted sole responsibility for Jahi. Dkt. 16.

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The parties’ agreement and their consummation thereof moots the requests set forth

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in Plaintiff’s motion for preliminary injunction. The Court appreciates the efforts of the

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Magistrate Judge in conducting the settlement conference, and lauds the parties for their

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willingness to set aside their differences in this extraordinarily difficult case to reach a

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mutually acceptable agreement regarding the transfer of Jahi. Accordingly,

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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

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