Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: STIPULATION AND ORDER REGARDING UNITED STATES OF AMERICA'S MOTION TO DISMISS LAWRENCE J. O'NEILL , District Judge . The parties to this action, through their undersigned attorneys of record, hereby stipulate and agree as follows: RECITALS 1. On February 13, 2015, Plaintiff, Cinthia Hernandez, filed a Complaint for Damages (Wrongful Death) in the Superior Court of California, County of Kern, Case No. S-1500-CV-284153 LHB, naming as defendants the County of Kern, Kern Medical Center, Doree
Summary: STIPULATION AND ORDER REGARDING UNITED STATES OF AMERICA'S MOTION TO DISMISS LAWRENCE J. O'NEILL , District Judge . The parties to this action, through their undersigned attorneys of record, hereby stipulate and agree as follows: RECITALS 1. On February 13, 2015, Plaintiff, Cinthia Hernandez, filed a Complaint for Damages (Wrongful Death) in the Superior Court of California, County of Kern, Case No. S-1500-CV-284153 LHB, naming as defendants the County of Kern, Kern Medical Center, Doreen..
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STIPULATION AND ORDER REGARDING UNITED STATES OF AMERICA'S MOTION TO DISMISS
LAWRENCE J. O'NEILL, District Judge.
The parties to this action, through their undersigned attorneys of record, hereby stipulate and agree as follows:
RECITALS
1. On February 13, 2015, Plaintiff, Cinthia Hernandez, filed a Complaint for Damages (Wrongful Death) in the Superior Court of California, County of Kern, Case No. S-1500-CV-284153 LHB, naming as defendants the County of Kern, Kern Medical Center, Doreen Tadokoro, D.O., Inealfer Rosales and Does 1 to 100 and alleging medical negligence in connection with the labor and delivery of Anais Rosales at Kern Medical Center.
2. The United States of America removed the action to this Court and filed a Certificate of Scope of Employment certifying that Doreen Tadokoro, D.O., was at all relevant times acting within the scope of her employment with Clinica Sierra Vista, a federally funded healthcare facility covered under the Federal Tort Claims Act ("FTCA") by operation of the Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233. See ECF Nos. 1, 1-1. The Certificate of Scope of Employment (ECF No. 1-1) effects the substitution of the United States as defendant in place of Doreen Tadokoro, D.O. 28 U.S.C. § 2679(d)(1).
3. The United States has filed a Motion to Dismiss (the "Motion," ECF No. 4), asserting that the Court lacks jurisdiction because Plaintiff did not exhaust administrative remedies prior to bringing suit.
4. Plaintiff does not oppose the Motion and consents to the dismissal of her claims against the United States without prejudice.
STIPULATION
WHEREFORE, the parties request that the Court enter an Order granting the Motion; dismissing Plaintiff's claims against the United States without prejudice; and remanding the action to the Superior Court of California, County of Kern.
ORDER
Pursuant to the foregoing Stipulation, and good cause appearing,
IT IS HEREBY ORDERED as follows:
The United States of America's Motion to Dismiss (ECF No. 4) is GRANTED; the United States is dismissed from this action without prejudice, and the hearing set for December 22, 2015, is VACATED;
The case is REMANDED to the Superior Court of California, County of Kern.
IT IS SO ORDERED.
