XBN v. Kaweah Health

Summary

This document is a proposed order in a consolidated Eastern District of California action arising from alleged birth-related injuries and negligence claims under the Federal Tort Claims Act. It grants the United States’ motion for summary judgment based on Plaintiffs’ notice of non-opposition and orders Plaintiffs to show cause within 21 days why the Court should exercise supplemental jurisdiction over the remaining state-law claims.

Holdings

1. The United States was entitled to summary judgment because Plaintiffs failed to adduce evidence supporting their negligence claim and did not oppose the motion.
2. The court did not decide whether to exercise supplemental jurisdiction; instead, it ordered Plaintiffs to show cause within 21 days why supplemental jurisdiction should be exercised.

Questions Presented

1. Whether the United States was entitled to summary judgment on Plaintiffs' Federal Tort Claims Act negligence claim based on the absence of evidence supporting the claim.
2. Whether the court should exercise supplemental jurisdiction over the remaining state-law claims.

Disposition

other