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Maritza Ibarra and Carlo Alvarez v. Tracy Community Medical Center

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2011

MARITZA IBARRA AND CARLO ALVAREZ,
PLAINTIFFS,
v.
TRACY COMMUNITY MEDICAL CENTER, AUTHER E. ADAMS, M.D., AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for the United States of America

CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT; ORDER THEREON TRACY FAMILY PRACTICE, SUTTER [42 U.S.C. §§ 233, 28 U.S.C .§ 2679(d)]

I, David Shelledy, Chief of the Civil Division of the Office of the United States Attorney for the Eastern District of California, acting pursuant to the provisions of 42 U.S.C. § 233 and 28 U.S.C .§ 2679(d), and by virtue of the authority vested in me by 28 C.F.R. § 15.4 and by the United States Attorney, hereby certify and attest that:

1. I have read the complaint and other documents in this action; and 2. On the basis of the information now available with respect to the incidents referred to in the complaint, attachments, and amendments thereto, Tracy Family Practice, which is operated by Community Medical Centers, Inc., is deemed an employee of the Public Health Services and so are entitled to the official immunity of the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680, pursuant to provisions of the Federally Supported Health Centers Assistance Act of 1992, 42 U.S.C. § 233. Tracy Family Practice is deemed eligible by operation of law for the official immunity of employees of the United States acting within the scope of their employment at the time of the alleged incidents giving rise to the complaint. This certification, by operation of the cited statutes, effects the substitution of the United States of America as the proper party defendant in lieu of the Tracy Family Practice, which should be dismissed pursuant to its official immunity.

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney

Date: December 17, 2010 /s/ David Shelledy (original signature filed, DE 3)

By: DAVID SHELLEDY

Chief, Civil Division

ORDER

This matter came before the Court on the Certification of Scope of Federal Employment filed by the United States Attorney's Office for the Eastern District of California. Pursuant to the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680, and the provisions of the Federally Supported Health Centers Assistance Act of 1992, 42 U.S.C. § 233,

IT IS HEREBY ORDERED THAT the United States of America is SUBSTITUTED as the proper party defendant in place of defendant Tracy Family Practice.

IT IS FURTHER ORDERED THAT Tracy Family Practice is DISMISSED as a party from the case pursuant to its official immunity under the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680.

IT IS SO ORDERED.

20110113

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