IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JACQUITA ENGLES, et al. PLAINTIFFS

v. CASE NO. 3:22-CV-00139-BSM ARCARE DEFENDANT ORDER Plaintiffs’ motion to remand [Doc. No. 17] is denied because it appears that ARcare is a Public Health Services employee under

(a) and is a federal officer

or person acting under a federal officer under

. See Deeming Notice, Doc. No. 41-1. It also appears that ARcare provided proper notice of this lawsuit to the United States Department of Health and Human Services and the U.S. Attorney for the Eastern District of Arkansas, see Notice of Removal, Doc. No. 1, Exs. D and E;

(1)(2). See Doe v. Neighborhood Healthcare, No. 3:21-cv-01587-BEN-RBB,

(S.D.Cal., Sept. 8, 2022); Ford v. Sandhills Med. Found., Inc., No. 4:21-cv-02307-RBH,

(D. S.C. June 2, 2022); Friedenberg v. Lane Cty., No. 6:18-cv-00177-JR,

(D. Or. May 23, 2018). Whether the United States should be substituted as the proper defendant will be taken

up at a hearing that will be set by separate notice.

(1)(2) IT IS SO ORDERED this 28th day of March, 2023.

Baron LX nr 99a UNITED STATES DISTRICT JUDGE