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IP ex rel. Diaz v. United States

United States District Court, Ninth Circuit

November 19, 2013

I.P., a minor, by and through her guardian ad litem, FAGUNDO PALACIO DIAZ; MICAELA PALACIO, Plaintiffs,
v.
UNITED STATES OF AMERICA, Defendant. ISABELLA PALACIO, a minor, by and through her guardian ad litem, FAGUNDO PALACIO DIAZ, MICAELA PALACIO, FACUNDO PALACIO DIAZ, Plaintiffs,
v.
BANNER HEALTH, an Arizona Corporation, dba BANNER LASSEN MEDICAL CENTER, et al., Defendants.

THOMAS J. DOYLE, BAR NO. 114485, SCHUERING ZIMMERMAN & DOYLE, LLP, Sacramento, California, Attorneys for Defendant and Cross-Complainant BANNER HEALTH dba BANNER LASSEN MEDICAL CENTER.

BRUCE GARY FAGEL, EDUARDO JESUS ASCENCIO, LAW OFFICES OF BRUCE G. FAGEL AND ASSOCIATES, Attorneys for Plaintiffs ISABELLA PALACIO, a minor by and through her guardian ad litem, FAGUNDO PALACIO DIAZ, MICAELA PALACIO, FACUNDO PALACIO DIAZ.

BENJAMIN B. WAGNER, UNITED STATES ATTORNEY, VICTORIA L. BOESCH, Assistant United States Attorney, Attorneys for Defendant UNITED STATES OF AMERICA.

STIPULATION TO CONSOLIDATE RELATED CASES; ORDER

JOHN A. MENDEZ, District Judge.

Plaintiffs Isabella Palacio, a minor by and through her Guardian Ad Litem, Fagundo Palacio Diaz, Micaela Palacio, and Facundo Palacio Diaz, Defendant Banner Health, an Arizona Corporation, dba Banner Lassen Medical Center, and Defendant United States of America hereby submit the following Stipulation to Consolidate Related Cases:

WHEREAS, Plaintiffs Isabella Palacio, a minor by and through her Guardian Ad Litem, Fagundo Palacio Diaz, and Micaela Palacio, previously filed an action in this district against the United States of America captioned Palacio, et. al v. United States of America E.D. Cal. Case No. 2:13-cv-01012-JAM-CKD;

WHEREAS, the Palacio, et. al v. United States of America action is currently pending and is assigned to the Honorable John A. Mendez;

WHEREAS the Plaintiffs Isabella Palacio, a minor by and through her Guardian Ad Litem, Fagundo Palacio Diaz, Micaela Palacio, and Facundo Palacio Diaz commenced an action against Defendant Banner Health, an Arizona Corporation, dba Banner Lassen Medical Center in Lassen County Superior Court;

WHEREAS Defendant Banner Health, an Arizona Corporation, dba Banner Lassen Medical Center in Lassen County Superior Court filed a cross-complaint against Paul Davainis, M.D. in Lassen County Superior Court;

WHEREAS The United States of America substituted as cross-defendant in place of Paul C. Davains, M.D.;

WHEREAS Cross-Defendant The United States of America petitioned for removal of the state court action to the U.S. District Court for the Eastern District of California and the action was so removed and captioned I.P., et al v. Banner Health, et al., E.D. Cal. Case No. 2:13-cv-02013 JAM-CKD;

WHEREAS, the I.P., et al v. Banner Health action is currently pending and is assigned to the Honorable John A. Mendez;

WHEREAS, the Palacio, et. al v. United States of America action involves similar parties, similar claims, and a similar questions of fact and law as the I.P., et al v. Banner Health, et al., such that consolidation would promote efficient litigation and judicial economy.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Palacio, et. al v. United States of America parties, and the I.P., et al v. Banner Health parties, through their respective counsel of record herein, that the Palacio, et. al v. United States of America, and the I.P., et al v. Banner Health actions be consolidated.

IT IS SO ORDERED.


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