Salcedo-Albanez
Salcedo-Albanez v. United States
Opinion
Opinion
Whelan, J.
ORDER DENYING PLAINTIFF’S MOTION TO AMEND
Plaintiff Elisa Salcedo-Albanez (“Plaintiff’) moves to amend pursuant to Rule 15 of the Federal Rules of Civil Procedure. Defendant the United States of America (“United States”) opposes. All parties are represented by counsel. The Court decides the matter on the papers submitted and without oral argument pursuant to CM Local Rule 7.1(d.l).
I. Background
On October 11, 1998 Plaintiff was involved in a car accident with a United States Border Patrol vehicle on Highway SR-98. (See Pi’s Compl. at 2.) Sometime thereafter, Plaintiff visited Dr. Carlos Ibarra de la Toba (“Dr.Toba”) who told Plaintiff she had dislocated her right in-traocular lens implant and that pressure in her right eye was elevated (glaucoma). (See Decl. of Dr. Cesar T. Chavez at 11.) Plaintiff alleges the accident caused her lens dislocation and additional eye pressure. (See PI. ’s Mem. of P. & A at 6.)
On November 19, 1998 Dr. Toba performed surgery to reposition Plaintiffs dislodged lens and gave her medicated eye drops for the pressure. (See Decl. of Dr. Cesar T. Chavez at 11.) On March 18, 1999 Dr. Toba continued Plaintiffs eye medication to control her intraocular…