A.K.K., aka A.K., a minor, by and through her Guardian Ad Litem v. Solomon et al

Filing 24

ORDER Granting Motion to Dismiss for Lack of Jurisdiction 8 and Dismissing Case Without Prejudice.***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 7/20/2018. (dmrlc1, COURT STAFF) (Filed on 7/20/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A. K. K.,
Plaintiff,

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Case No. 18-cv-03508-DMR
ORDER GRANTING MOTION TO
DISMISS FOR LACK OF
JURISDICTION AND DISMISSING
CASE WITHOUT PREJUDICE

v.
JEROME SOLOMON, et al.,
Defendants.

This case involves medical malpractice claims brought by Plaintiff A.K.K. through her

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guardian ad litem, Ravindar Singh. Plaintiff sues Defendants Jerome Solomon, M.D.; Audrey

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Ewing, M.D.; Victoria Morgese, M.D.; Laura Paoletti, N.P.; and Queen of the Valley Medical

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Center for claims related to her 2012 birth.

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On June 22, 2018, the United States of America moved for an order substituting the United

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States for Defendants Solomon, Ewing, and Paoletti and dismissing Plaintiff’s claims against the

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United States pursuant to Federal Rule of Civil Procedure 12(b)(1), arguing that Plaintiff did not

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exhaust her administrative remedies with respect to the claims against the United States. [Docket

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No. 8.] On July 19, 2018, Plaintiff filed a statement of non-opposition to the motion and asked the

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court to dismiss her claims against the government without prejudice. [Docket No. 23.] The

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motion is granted and Plaintiff’s claims against the government are dismissed without prejudice.

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The court declines to retain jurisdiction over the remaining state law claims for medical negligence

R NIA

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Donna M. Ryu
United States Magistrate . Ryu
MJudge

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Judge D

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OO
IT IS S

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Dated: July 20, 2018

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IT IS SO ORDERED.

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without prejudice. The Clerk shall close the file.

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against Defendants Morghese and Queen of the Valley Hospital and dismisses those claims

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UNIT
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United States District Court
Northern District of California

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