Polus v. Sharp Healthcare et al

Filing 4

ORDER of Substitution of the United States of America in Place of Edgar M. Bulloch (ECF No. 2 ). The United States of America SHALL BE SUBSTITUTED as the defendant herein in place of Edgar M. Bulloch as to the claims raised in Plaintiff's Complaint, and the title of this action SHALL BE AMENDED accordingly to reflect the substitution. As to Edgar M. Bulloch, the Court DISMISSES WITH PREJUDICE this action. Signed by Judge Janis L. Sammartino on 11/20/2020. (tcf)

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Case 3:20-cv-02253-JLS-LL Document 4 Filed 11/20/20 PageID.38 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAWAHER POLUS, Case No.: 20-CV-2253 JLS (LL) Plaintiff, 12 13 14 ORDER OF SUBSTITUTION OF THE UNITED STATES OF AMERICA IN PLACE OF EDGAR M. BULLOCH v. SHARP HEALTHCARE; EDGAR M. BULLOCH; and DOES 1 through 50, 15 16 Defendants. (ECF No. 2) 17 Presently before the Court is the United States of America’s Notice of Substitution 18 of the United States in Place of Edgar M. Bulloch (“Notice,” ECF No. 2). Pursuant to the 19 Notice, “by operation of law, to wit, 42 U.S.C. §§ [233](a) and (g), the United States has 20 been substituted as the defendant, in place of Edgar M. Bulloch, as to the tort claims in 21 Plaintiff’s Complaint against Edgar M. Bulloch.” Id. at 1. The Attorney General of the 22 United States has certified that the acts and omissions of Edgar M. Bulloch on or after 23 January 1, 2018, giving rise to Plaintiff Jawaher Polus’s claims were taken within the scope 24 of his employment as an employee of the Borrego Community Health Foundation, an entity 25 deemed by the Secretary of Health and Human Services to be an employee of the Public 26 Health Service for purposes of the Federal Tort Claims Act. See id. at 2–3. 27 In light of the foregoing, pursuant to Sections 233(a) and (g) of Title 42 of the United 28 States Code, the United States of America SHALL BE SUBSTITUTED as the defendant 1 20-CV-2253 JLS (LL) Case 3:20-cv-02253-JLS-LL Document 4 Filed 11/20/20 PageID.39 Page 2 of 2 1 herein in place of Edgar M. Bulloch as to the claims raised in Plaintiff’s Complaint, and 2 the title of this action SHALL BE AMENDED accordingly to reflect the substitution. As 3 to Edgar M. Bulloch, the Court DISMISSES WITH PREJUDICE this action. 4 5 IT IS SO ORDERED. Dated: November 20, 2020 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 20-CV-2253 JLS (LL)

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