Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUANA B. MARTINEZ, et al., Case No. 1:21-cv-01601-EPG Plaintiffs, ORDER GRANTING DEFENDANT UNITED

STATES’ MOTION TO DISMISS,

v. SUBSTITUTE AND REMAND KAWEAH DELTA MEDICAL CENTER, (ECF No. 3) et al., 15 Defendants.

17 Before the Court is a motion to substitute, dismiss, and remand (hereinafter motion to 18 dismiss) filed by the United States (hereinafter Defendant unless otherwise designated) as the 19 substituted party for Niraj M. Patel, MD.1 (ECF No. 3). The parties have consented to the 20 jurisdiction of a United States Magistrate Judge for all purposes, including entry of final 21 judgment. (ECF No. 11). The Court held a hearing on Defendant’s motion to dismiss on 22 December 10, 2021, taking the motion under advisement. (ECF No. 15). For the following 23 reasons, the Court will grant Defendant’s motion to dismiss and remand this case to state court. 24 \\\ 25 \\\

1 As noted below, the parties do not dispute that the United States should be substituted as the proper…