Maschmeier

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 ALEXIS MASCHMEIER, et al., Case No. 22-cv-00315-RMI

Plaintiffs, ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

v. Re: Dkt. No. 18 UNITED STATES OF AMERICA, Defendant.

13 This case involves an action by the parents and grandmother of a deceased infant against the United States, a medical center, and medical staff1 for (1) wrongful death (titled “professional negligence – medical malpractice”); (2) negligent infliction of emotional distress (“NIED”) upon a direct victim, the Plaintiff mother; (4) NIED upon two bystanders, the Plaintiff father and grandmother; (5) “medical and related expenses” as part of a survival action; and (6) loss of consortium. See Compl. (dkt. 1) at 5–9. As to Plaintiffs’ two claims for NIED, Defendant United States filed a Motion to Dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Pl.’s Mot. (dkt. 18). First, Defendant’s Motion notes…