Rodriguez v. United States of America et al

Filing 22

ORDER by Magistrate Judge Gregory J. Fouratt granting 21 Unopposed Motion to Substitute Party. Ben Archer Health Center, Inc., and Jiu Liu, M.D., are HEREBY TERMINATED as parties in this case. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
JAVIER RODRIGUEZ,
Plaintiff,
v.

Civ. No. 17-390 JCH/GJF

UNITED STATES OF AMERICA,
Defendant.
ORDER GRANTING SUBSTITUTION OF DEFENDANT
THIS MATTER comes before the Court on Defendants’ “Unopposed Motion for
Substitution” (“Motion”).

ECF No. 21.

Having considered the Motion and noting the

concurrence of the parties, the Court finds the United States of America is the proper federal
defendant with respect to the common law tort claims alleged in the Complaint against
Defendants Ben Archer Health Center, Inc. and Jie Luo, M.D.
IT IS THEREFORE ORDERED that the United States of America is substituted as
Defendant with respect to the claims alleged in the Complaint against Defendants Ben Archer
Health Center, Inc. and Jie Luo, M.D.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants Ben Archer
Health Center, Inc. and Jie Luo, M.D. are dismissed with prejudice.
IT IS FURTHER ORDERED that hereafter, the caption for this cause shall be: Javier
Rodriguez, Plaintiff, vs. United States of America, Defendant.
IT IS SO ORDERED.

THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE