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Pen Chan and J.C., A Minor By and v. Doctors Hospital Modesto

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


February 8, 2013

PEN CHAN AND J.C., A MINOR BY AND
THROUGH HIS GUARDIAN AD LITEM, YOLANDA TORRES,
PLAINTIFFS,
v.
DOCTORS HOSPITAL MODESTO, ET AL.,
DEFENDANTS.

ORDER FOR DISMISSAL OF DEFENDANT UNITED STATES OF AMERICA AND REMAND TO STATE COURT

Based on the stipulation of the parties filed herein on February 8, 2013, IT IS HEREBY ORDERED that the complaint is dismissed against defendant United States of America,*fn1 with prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Upon dismissal of the United States, the Court has no further jurisdiction over this action. Accordingly, IT IS FURTHER ORDERED that the remainder of this action, to wit, Plaintiffs claims against Defendants Doctors Medical Center of Modesto, Inc. (erroneously sued herein as Doctors Hospital Modesto), Fred Adams, M.D., and non-federal Does 1 through 20, inclusive, is hereby remanded back to Stanislaus County Superior Court pursuant to 28 U.S.C. § 1447(c).

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE


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