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17-2057 - (PS) Campbell et al v. Regents of the University of California et al


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17-2057 - (PS) Campbell et al v. Regents of the University of California et al
June 11, 2018
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ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/8/18 ORDERING that Defendant Aethon's12/4/17 motion to dismiss 10 is GRANTED; Plaintiffs' 1/10/18 motion to amend 26 is GRANTED with respect to the defendant Aethon; Plaintiffs' proposed second amended complaint 26 is deemed the operative complaint in this action; and Defendant Aethon shall file a response to the second amended complaint within twenty-one days of the date of this order; and RECOMMENDING that Defendants Regents' 12/5/17 motion to dismiss the first amended complaint's EMTALA claim 13 be GRANTED; The first amended complaint's EMTALA claim be DISMISSED without prejudice; The court decline to exercise supplemental jurisdiction over the first amended complaint's state law claims asserted against defendants Regents of the University of California, Robert Rominski, Tanya Escay, and Kathleen Boden; and Defendants Regents of the University of California, Robert Rominski, Tanya Escay, and Kathleen Boden be DISMISSED from this action. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)