STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS PARTY CROSS-DEFENDANT; [PROPOSED] ORDER

JON S. TIGAR, District Judge.

Subject to the approval of the Court, the parties, by and through their counsel of record, hereby stipulate as follows:

1. This is a medical malpractice action related to the birth of Y.M., a minor, on May 21, 2007. Plaintiff is Y.M., by and through his guardian ad litem, Rocio Mendez. On March 7, 2014, Plaintiff filed a complaint in state court alleging medical malpractice against defendants St. Joseph Health System, a California Corporation, doing business as Petaluma Valley Hospital; SRM Alliance Hospital Services, a California Corporation, doing business as Petaluma Valley Hospital; Elaine Christian, R.N.; Billie Yvonne Guerra, D.O.; Billie Y. Guerra, D.O., Inc. a California Corporation; and Does 1-250, inclusive. (Doc. #1, Ex. 1.)

2. On June 10, 2014, defendants Elaine Christian, R.N., and Kelly Sue Pfeifer, M.D., were dismissed. (Doc. #1, Ex. 2.)

3. On September 2, 2014, defendants SRM Alliance Hospital Services dba Petaluma Valley Hospital and St. Joseph Health (collectively, "Cross-Complainants") filed a cross-complaint against cross-defendants Petaluma Health Center; Fiona Redwood, M.D. ("Dr. Redwood"); Kelly Sue Pfeifer, M.D. ("Dr. Pfeifer"); Elaine Christian, C.N.M. ("Nurse Christian"); and Roes 1-100, inclusive; seeking, among other things, indemnity and/or contribution, and apportionment of fault. (Doc. #1, Ex. 4.)

4. Cross-Complainants allege that Dr. Redwood, Dr. Pfeifer, and Nurse Christian were at all pertinent times acting in the course and scope of their employment at Petaluma Health Center. (Doc. #1, Ex. 4, at ¶ II.)

5. Petaluma Health Center has been certified, pursuant to the Federal Tort Claims Act ("FTCA") and the Federally Supported Health Centers Assistance Act ("FSHCAA"), 42 U.S.C. § 233(g)-(n), to have been deemed eligible for FTCA malpractice coverage and its employees covered under the FTCA during the time of the alleged incidents. (Doc. #2 ¶ 2.) Further, Dr. Redwood, Dr. Pfeifer, and Nurse Christian have been certified to have been acting within the scope of their employment with Petaluma Health Center at all times material to the alleged incidents. (Id.)

6. Under the FSHCAA, cross-defendant Petaluma Health Center is deemed part of the Public Health Service of the United States Department of Health and Human Services, and the FTCA, 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680, is the exclusive remedy for alleged torts committed by health center employees while acting within the course and scope of their employment. See 28 U.S.C. §§ 1346(b)(1), 2676, 2679.

7. The FTCA provides an exclusive remedy for Cross-Complainants, if there is any at all, and limits Cross-Complainants to an action against the United States of America, not against the individual federal actors or agency. See 28 U.S.C. §§ 2676, 2679.

8. As a result of the foregoing, the parties hereby stipulate and agree that the United States of America shall be substituted as the party cross-defendant in place of Petaluma Health Center, Dr. Redwood, Dr. Pfeifer, and Nurse Christian.

9. The caption for the cross-complaint shall be changed to SRM ALLIANCE HOSPITAL SERVICES dba PETALUMA VALLEY HOSPITAL and ST. JOSEPH HEALTH, Cross-Complainants, v. UNITED STATES OF AMERICA and ROES 1-100, inclusive, Cross-Defendants.

PURSUANT TO STIPULATION, IT IS SO ORDERED.