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Amareze Aguilera; John Duerksen, Jr.; Gene Duerksen v. Lindhurst Family Healthcare; Del Norte Clinics

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 10, 2012

AMAREZE AGUILERA; JOHN DUERKSEN, JR.; GENE DUERKSEN; ANGELICA DUERKSEN; JOSEPH DUERKSEN; GIOVANNA DUERKSEN;
ROGETTE DUERKSEN GUARDIAN AD LITEM;
PLAINTIFFS,
v.
LINDHURST FAMILY HEALTHCARE; DEL NORTE CLINICS, INC.;
RIDEOUT MEMORIAL HOSPITAL; FREMONT MEDICAL CENTER;
KAREN DE AQUINO; HARI GOVAL; ROBERT PLASS; JAMES TURNER, DEFENDANTS.

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

NOTICE OF SUBSTITUTION OF THE UNITED STATES OF AMERICA AS FEDERAL DEFENDANT; ORDER THEREON [28 U.S.C. § 2679(d)] TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE THAT, pursuant to the certification of federal employment filed on December 22, 2011 [Dckt. No. 1-2], the United States of America is hereby substituted by operation of section 2679(d)(2) of Title 28 of the United States Code, as defendant in place of defendants Lindhurst Family Healthcare, Del Norte Clinics Inc., Karen DeAquino, and Hari Goval.

PLEASE TAKE FURTHER NOTICE THAT, pursuant to 28 U.S.C. § 2679(d), the claims against Lindhurst Family Healthcare; Del Norte Clinics Inc.; Karen DeAquino, and Hari Goval, acting in their official capacities will be dismissed with prejudice.

Respectfully submitted,

Date: January 5, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Todd Pickles By: TODD PICKLES Assistant United States Attorney

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 defendants Lindhurst Family Healthcare, Del Norte Clinics, Inc., Dr. Karen De Aquino and Dr. Hari Goval, acting in their official capacities.

IT IS FURTHER ORDERED THAT the claims against Lindhurst Family Healthcare, Del Norte Clinics, Inc., Dr. Karen De Aquino and Dr. Hari Goval are DISMISSED with prejudice pursuant to its official immunity under the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680.

IT IS SO ORDERED.

20120110

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