Hebert-Torres v. Oroville Hospital
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/21/11 DISMISSING WITH PREJUDICE 1 Second Cause of Action in Plaintiff's Complaint. (Meuleman, A)
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BENJAMIN B. WAGNER
United States Attorney
EDWARD A. OLSEN, CSBN 214150
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2821
Facsimile: (916) 554-2900
edward.olsen@usdoj.gov
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Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAURA HEBERT-TORRES,
CASE NO. 2:09-CV-03495 KJM-CMK
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Plaintiff,
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v.
STIPULATION TO DISMISS
PLAINTIFF’S SECOND CAUSE OF
ACTION; AND ORDER
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UNITED STATES OF AMERICA and DOES 1
through 100 inclusive,
Defendants.
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Plaintiff Laura Hebert-Torres, by and through her attorney of record, and the United States, by
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and through its attorneys of record, hereby stipulate, subject to approval of the Court, to dismissal of
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Plaintiff’s Second Cause of Action in her Complaint. In her Second Cause of Action, Hebert-Torres
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alleges that the United States violated 42 U.S.C. § 1395dd and California Health and Safety Code §
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1317 et seq., when a nurse practitioner at the Del Norte Clinic allegedly failed to perform an
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appropriate screening examination to determine whether Hebert-Torres had an emergency medical
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condition and failed to stabilize Hebert-Torres prior to sending her home. Complaint ¶¶ 29-33. The
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parties agree that because neither 42 U.S.C. § 1395dd nor California Health and Safety Code § 1317
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contain an express waiver of sovereign immunity, the Court lacks subject matter jurisdiction over the
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Second Cause of Action in the Complaint.
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Dated: May 26, 2011
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Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
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/s/ Edward A. Olsen
EDWARD A. OLSEN
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Dated: May 26, 2011
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/s/ Steven H. Schultz
STEVEN H. SCHULTZ
DEMAS & ROSENTHAL, LLP
Attorneys for Plaintiff
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ORDER
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IT IS HEREBY ORDERED that Plaintiff Laura Hebert-Torres’ Second Cause of Action is
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dismissed with prejudice.
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Date: June 21, 2011.
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UNITED STATES DISTRICT JUDGE
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