Leomi Tienda v. Adventist Health Hanford

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEOMI TIENDA, et al., No. 1:20-cv-01169-NONE-SAB Plaintiffs, v. ORDER GRANTING STIPULATION TO

DISMISS CLAIMS AGAINST THE UNITED

ADVENTIST HEALTH HANFORD, et STATES AND REMANDING TO STATE al., COURT 15 Defendants. (Doc. No. 8)

17 Plaintiffs Leomi Tienda and Jimmy Tienda filed this action on February 6, 2020 in Kings County Superior Court. (Doc. No. 1 at 3.) Defendant United States of America timely removed. (See id. at 1–2.) The United States substituted in this action in the place of Defendant David Wayne Nelson, M.D., pursuant to 42 U.S.C. § 233(c) because Defendant Nelson was a deemed employee of the Public Health Service and was acting within the scope of such employment at the time of the incidents giving rise to the action. (Doc. No. 8 at 2.) Plaintiffs allege medical malpractice, loss of consortium, and medical battery against defendants in connection with performing a sterilization surgery…