Marquez Rivas v. Kern County Hospital Authority

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