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A.M. v. U.S., C 14-3922 SI. (2014)

Court: District Court, N.D. California Number: infdco20141117614 Visitors: 11
Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: STIPULATION TO DISMISS DEFENDANT UNITED STATES OF AMERICA WITHOUT PREJUDICE; [PROPOSED] ORDER SUSAN ILLSTON, Senior Judge. Plaintiffs and Defendant United States of America, 1 by and through their attorneys of record, hereby stipulate to the following, subject to the approval of the Court: Defendant United States of America is hereby dismissed without prejudice, so that Plaintiffs may pursue administrative remedies under the Federal Tort Claims Act. The undersigned parties agree that t
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STIPULATION TO DISMISS DEFENDANT UNITED STATES OF AMERICA WITHOUT PREJUDICE; [PROPOSED] ORDER

SUSAN ILLSTON, Senior Judge.

Plaintiffs and Defendant United States of America,1 by and through their attorneys of record, hereby stipulate to the following, subject to the approval of the Court:

Defendant United States of America is hereby dismissed without prejudice, so that Plaintiffs may pursue administrative remedies under the Federal Tort Claims Act. The undersigned parties agree that this dismissal is without prejudice to Plaintiffs' refiling this action against the United States after Plaintiffs have properly exhausted said administrative remedies.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FootNotes


1. Upon removal, the United States was automatically substituted as party defendant for Fasih Hameed, M.D., but not for any other defendant, including Petaluma Valley Hospital, which remains a separate defendant. See Amended Notice of Removal (Doc. # 10) ¶¶ 5, 9.
Source:  Leagle

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