Gonzalez v. Thompson et al
| Andrea Gonzalez |
| DMD Derek Thompson, Thompson DMD Ferguson DDS PLLC DBA as Affordable Oral Surgery, primary business name Affordable Dental Care, NPI #1104980283, a Washington Corporation, Washington State UBI# 603-122-377 doing business as Affordable Oral Surgery, DDS David Roberts, Stephanie Lee, Othello Family Dental Center, Ji Choi, DDS Aleta Cheek, DDS Donald Schrack, Columbia Basin Health Association and Unites States of America |
| 4:2023cv05030 |
| February 28, 2023 |
| US District Court for the Eastern District of Washington |
| Stanley A Bastian |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
ORDER SUBSTITUTING PARTIES FOR UNITED STATES; GRANTING #4 MOTION TO DISMISS UNITED STATES; REMANDING ACTION; granting #8 and #13 United States' Notice of Substitution; granting #5 Plaintiff's Motion to Remand; denying as moot #9 United States' Motion to Dismiss for Lack of Jurisdiction; denying as moot #12 United States' Motion for Summary Judgment. The above-captioned case is REMANDED to Franklin County Superior Court. The United States is dismissed from this action with prejudice. The Defendants: Columbia Basin Health Association, Othello Family Dental Clinic, Dr. Ji Choi, DDS, and Dr. Aleta Cheek, DDS are dismissed from this action with prejudice. Case CLOSED. Signed by Chief Judge Stanley A Bastian. (LAS, Case Administrator)
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| Filing 13 Amended NOTICE by Columbia Basin Health Association and Federally Qualified Public Health Care Clinic and Providers of United States Substitution as Proper FSHCAA - FTCA Defendant, with (Attachments: #1 Text of Proposed Order Amended Order Substituting United States as FTCA Defendant and Dismissal, With Prejudice, Federal Public Health Care Defendants Columbia Basin Health Association, Othello Family Dental Center, Dr. Aleta Cheek and Dr. Ji Choi;)(Durkin, Timothy) |
| Filing 12 First MOTION for Summary Judgment on FTCA Subject Matter Jurisdiction, by Substituted Defendant United States (on behalf of former FSHCAA public health care Defendants CBCA, OFDC, Dr. Cheek and Dr. Choi) by Othello Family Dental Center. Motion Hearing set for 5/19/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Durkin, Timothy) |
| Filing 11 RESPONSE to Motion re #4 First MOTION to Dismiss HHS by United States, Substituted Defendant (for dismissed with prejudiced Defendants Columbia Basin Health Association, (CBHA), Othello Family Dental Clinic (OFDC) and its employees Drs. Aleta Cheek and Ji Choi, filed by Othello Family Dental Center. (Durkin, Timothy) |
| Filing 10 RESPONSE to Motion re #5 First MOTION to Remand , by Substituted Defendant United States (on behalf of Defendants Columbia Basin Health Assoc., its Othello Family Dental Clinic, and public health employees Drs. Aleta Cheek and Dr. Ji Choi) filed by Aleta Cheek, Ji Choi, Columbia Basin Health Association. (Durkin, Timothy) |
| Motion Hearing set for 4/6/2023 Without Oral Argument before Chief Judge Stanley A Bastian, re #8 MOTION for Substitution of Parties. (LAS, Case Administrator) |
| Filing 9 First MOTION to Dismiss for Lack of Jurisdiction by Columbia Basin Health Association (and its Othello Family Dental Center clinic) by Aleta Cheek, Ji Choi, Columbia Basin Health Association. Motion Hearing set for 4/6/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Durkin, Timothy) |
| Filing 8 MOTION for Substitution of Parties by Aleta Cheek, Ji Choi, Columbia Basin Health Association of UNITED STATES' Substitution as Defendant for Deemed - Certified Public Health Service Providers CBHA, Dr. Choi and Dr. Cheek, and their Dismissal from Federal Tort Claims Act (FTCA) claims "with prejudice" (Attachments: #1 Certification of AUSA - Civil Chief Brian M. Donovan Re: Scope - Deeming Columbia Basin Health Association and Drs. Choi and Cheek as Public Health Service Providers under FSHCAA and FTCA, #2 Order (proposed) Correcting Caption and Dismissing CBHA and Drs. Choi and Cheek "With Prejudice")(Durkin, Timothy) Modified on 3/28/2023 to change event type (LAS, Case Administrator). Modified on 3/30/2023 See Amended Document filed at ECF No. #13 . (LAS, Case Administrator). |
| Filing 7 Clerk's ORDER OF RANDOM REASSIGNMENT. Chief Judge Stanley A Bastian assigned to case. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the order or notice by the Court. (AY, Case Administrator) |
| Filing 6 New case number 4:23-cv-05030-ACE has been opened and assigned to Magistrate Judge Alexander C Ekstrom. Case number 2:23-cv-00053-ACE was opened with the incorrect division and has been CLOSED. Future filings should be made in this case. (CLP, Case Administrator Team Lead) Modified on 3/6/2023 to add text re: division(CLP, Case Administrator Team Lead). |
| Filing 5 First MOTION to Remand by All Plaintiffs. Motion Hearing set for 4/17/2023 Without Oral Argument before Magistrate Judge Alexander C Ekstrom. (Attachments: #1 Text of Proposed Order Plaintiffs Order Remanding)(Hays, Jarrod) |
| Filing 4 First MOTION to Dismiss HHS by All Plaintiffs. Motion Hearing set for 4/17/2023 Without Oral Argument before Magistrate Judge Alexander C Ekstrom. (Attachments: #1 Text of Proposed Order Plaintiffs Order Dismissing HHS)(Hays, Jarrod) |
| Filing 3 CERTIFICATE OF SERVICE as to #1 Notice of Removal filed by Aleta Cheek, Ji Choi, Columbia Basin Health Association. (Durkin, Timothy) |
| Filing 2 Clerks Notice of Assignment to United States Magistrate Judge and Declination of Consent Form. Please Note: Declination of Consent Forms are not to be electronically filed with the Court. Parties wishing to decline consent of this assignment must complete and return the attached Declination of Consent Form to the Clerk of Court by the Case Management Deadline set for 3/10/2023. (BM, Case Administrator) |
| Notice of Judge Assignment. Magistrate Judge Alexander C Ekstrom assigned to case. (BM, Case Administrator) |
| Filing 1 NOTICE OF REMOVAL Fee Waived. Filed by Ji Choi, Aleta Cheek, DDS, Columbia Basin Health Association. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Durkin, Timothy) |
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