ESTATE OF LYNETTE SMITH v. RILEY et al

Filing 24

ORDER granting 2 of the United States of America seeking to substitute itself for Defendants Hasmukhbhai Patel, M.D., Raghuraj Tomar, M.D., and Community Health Care, Inc., and further seeking to dismiss the complaint pursuant to Federal Rule o f Civil Procedure 12(b)(1); dismissing w/out prejudice all claims against the United States; denying Pltf's 10 Motion for Default Judgment as to Defendants Ellis Priori, M.D., Naeem Amin, M.D., and Kidney and Hypertension Specialists, P.A. Signed by Judge Noel L. Hillman on 7/31/2015. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________
ESTATE OF LYNETTE SMITH,
Plaintiff,

Civil No. 14-7247 (NLH/KMW)

v.
RILEY, D.O., at al.

ORDER

Defendants.

_________________________
For the reasons set forth in the Opinion entered on this
date,
IT IS on this

31st

day of

July

2015,

ORDERED that the motion [Doc. No. 2] of the United States
of America seeking to substitute itself for Defendants
Hasmukhbhai Patel, M.D., Raghuraj Tomar, M.D., and Community
Health Care, Inc., and further seeking to dismiss the complaint
pursuant to Federal Rule of Civil Procedure 12(b)(1) be, and the
same hereby is GRANTED; and it is further
ORDERED that the United States is hereby substituted as a
defendant in place of Defendants Patel, Tomar and Community
Health, and all claims against the United States are hereby
dismissed without prejudice; and it is further
ORDERED that the motion [Doc. No. 10] of Plaintiff, the
Estate of Lynette Smith, for default judgment as to Defendants
Ellis Priori, M.D., Naeem Amin, M.D., and Kidney and

1

Hypertension Specialists, P.A. be, and the same hereby is
DENIED.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

2