Scutt v. Kaiser Permanente Wailuku Medical Office et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JASON SCUTT,
Plaintiff,
vs.
KAISER PERMANENTE WAILUKU
MEDICAL CLINICS,
Defendant.
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CIVIL NO. 20-00187 HG-WRP
ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE
SECOND AMENDED COMPLAINT IN PART (ECF No. 13)
Findings and Recommendation were filed and served on
Plaintiff on June 25, 2020. No objections have been filed.
In the Findings and Recommendations, the Magistrate Judge
presented two options on how the case might proceed. The first
option was that the Second Amended Complaint be dismissed and
Plaintiff be given leave to file a Third Amended Complaint. The
second option allowed Plaintiff to voluntarily inform the Court
that she would only proceed with her medical negligence claim
against Kaiser Permanente Wailuku Medical Clinics.
On July 2, 2020, Plaintiff elected the second option.
Plaintiff filed a document entitled “Plaintiff’s Notification of
Acceptances of Court’s Alternative Option.” (ECF No. 14).
Plaintiff’s filing states, “Plaintiff hereby notifies the Court
that she will accept the Court’s alternative to submitting a
Third Amended Complaint and will serve the documents for medical
malpractice/negligence only.” (Id.)
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IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1,
the Findings and Recommendations, as described below, are ADOPTED
as the Opinion and Order of this Court.
Plaintiff’s claims under the Title 18 of the United States
Code are DISMISSED WITH PREJUDICE.
Plaintiff’s claims under 42 U.S.C. § 1983 and Plaintiff’s
employment claims are DISMISSED WITHOUT PREJUDICE from her Second
Amended Complaint.
Plaintiff may proceed with her medical negligence claim for
relief against Kaiser Permanente Wailuku Medical Clinics.
Plaintiff must seek leave of Court for any further amendment
to her Second Amended Complaint.
IT IS SO ORDERED.
Dated: July 30, 2020, Honolulu, Hawaii.
Scutt v. Kaiser Permanente Wailuke Medical Clinics, Civil No. 20-
00187 HG-WRP, ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND
RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE SECOND AMENDED
COMPLAINT IN PART
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