Gonzalez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL E. GONZALEZ, No. 2:15-cv-01997 MCE DB Plaintiff, v. ORDER

UNITED STATES OF AMERICA, et al., Defendants. 16 Through this lawsuit, Plaintiff Daniel Gonzalez (“Plaintiff”) seeks damages against the government under the Federal Tort Claims Act (“FTCA”) on grounds that the Department of Veterans Affairs (“VA”) negligently diagnosed and treated injuries he sustained as a result of a 2009 automobile accident. After instituting the action in 2015, and following numerous discovery-related extensions obtained by Plaintiff, the government moved for summary judgment on November 9, 2018, arguing that because Plaintiff had no expert testimony to support his medical malpractice case, his action could not be maintained. ECF No. 92. By Findings and Recommendations dated Mary 20, 2019, the assigned Magistrate Judge recommended denial of the government’s motion even though she agreed that there was no expert testimony to the…