Marquez Rivas v. Kern County Hospital Authority

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2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CELINA MARQUEZ RIVAS, et al., ) Case No.: 1:24-cv-00859 JLT CDB ) 12 Plaintiffs, ) ORDER GRANTING THE UNITED STATES’ ) MOTION TO DISMISS AND REMANDING 13 v. ) ACTION TO KERN COUNTY SUPERIOR ) COURT 14 KERN COUNTY HOSPITAL AUTHORITY, et ) al., ) 15 ) (Doc. 4) ) 16 Defendants. ) ) 17 18 Celina Marquez Rivas and Juan Fernando Garcia seek to hold Defendants liable for the death 19 of their newborn daughter, Casandra. (See generally Doc. 1-1.) After removing the case from state 20 court and substituting itself as a defendant in place of Defendant Omni Family Health, the United 21 States filed this motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). (Doc. 4.) For 22 the reasons set forth below, the motion is GRANTED, Plaintiffs’ claims against the United States are 23 DISMISSED, and this action is REMANDED to the Kern County Superior Court as to Plaintiffs’ 24 remaining…