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Laura Hebert-Torres v. United States of America and Does 1 Through 100

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


June 21, 2011

LAURA HEBERT-TORRES,
PLAINTIFF,
v.
UNITED STATES OF AMERICA AND DOES 1 THROUGH 100 INCLUSIVE, DEFENDANTS.

STIPULATION TO DISMISS PLAINTIFF'S SECOND CAUSE OF ACTION; AND ORDER

Plaintiff Laura Hebert-Torres, by and through her attorney of record, and the United States, by and through its attorneys of record, hereby stipulate, subject to approval of the Court, to dismissal of Plaintiff's Second Cause of Action in her Complaint. In her Second Cause of Action, Hebert-Torres alleges that the United States violated 42 U.S.C. § 1395dd and California Health and Safety Code § 1317 et seq., when a nurse practitioner at the Del Norte Clinic allegedly failed to perform an appropriate screening examination to determine whether Hebert-Torres had an emergency medical condition and failed to stabilize Hebert-Torres prior to sending her home. Complaint ¶¶ 29-33. The parties agree that because neither 42 U.S.C. § 1395dd nor California Health and Safety Code § 1317 contain an express waiver of sovereign immunity, the Court lacks subject matter jurisdiction over the Second Cause of Action in the Complaint.

Dated: May 26, 2011 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Edward A. Olsen EDWARD A. OLSEN Dated: May 26, 2011 /s/ Steven H. Schultz STEVEN H. SCHULTZ DEMAS & ROSENTHAL, LLP Attorneys for Plaintiff

ORDER

IT IS HEREBY ORDERED that Plaintiff Laura Hebert-Torres' Second Cause of Action is dismissed with prejudice.

20110621

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