1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED ESPARZA, Case No. 1:24-cv-01547-KES-HBK 12 Plaintiff, ORDER GRANTING CONSTRUED MOTION 13 v. TO AMEND COMPLAINT AND SUBSTITUTE CORRECT NAME OF PARTY 14 COLLECTIBLES MANAGEMENT RESOURCES, INC., AMERICAN (Doc. No. 26) 15 AMBULANCE BILLING, LP, ADVENTIST HEALTH CARE 16 NETWORK, INC., AND SEQUOIA INSITUTE FOR SURGICAL SERVCIES, 17 INC. 18 Defendants. 19 20 Pending before the Court is Defendant, Hanford Community Hospital dba Adventist 21 Health Hanford and Plaintiff Alfredo Esparza (collectively “the Parties”) joint Stipulation to 22 Substitute Correct Name of Defendant filed March 7, 2025. (Doc. No. 26). 23 On December 17, 2024, Plaintiff this action naming, inter alia, Adventist Health Care 24 Network, Inc. as a defendant. (Doc. No. 1 at 1-2). The Parties acknowledge that the Defendant 25 Adventist Health Care Network, Inc. is not the correct name of the Defendant sued herein. (Doc. 26 No. 26 at 1). Thus, the Parties agree the correct named defendant, Defendant, “Hanford 27 Community Hospital dba Adventist Hanford,” should be substituted in place of “Adventist 28 Health Care Network, Inc” throughout all portions of the Plaintiffs’ Complaint (Id. 1-2). 1 | Additionally, the Parties request that all future filing and the case caption be amended to 2 | substitute “Hanford Community Hospital dba Adventist Health Hanford” in place of “Adventist 3 | Health Care Network, Inc.” 4 Given that Defendant Hanford Community Hospital dba Adventist Health Hanford 5 || consents to the amendment changing the name of the party, the Court construes the Joint 6 | Stipulation as a motion brought under pursuant to Federal Rule of Civil Procedure 15(a)(2) and 7 | 15(c)\C.\(C). Ud. at 2). 8 Accordingly, it is ORDERED: 9 1. The Joint Stipulation (Doc. No. 26), construed as a motion under Fed. R. Civ. P. 15(a)(2) 10 and 15(c)(1)(C), is GRANTED. 11 2. Defendant, Hanford Community Hospital dba Adventist Hanford should be substituted in 12 place of Adventist Health Care Network, Inc. throughout all portions of the Plaintiffs’ 13 Complaint. 14 3. The Clerk of Court shall correct the docket to reflect that Hanford Community Hospital 15 dba Adventist Health Hanford” is substituted in place of Adventist Health Care Network, 16 Inc. 17 | Dated: _ March 10, 2025 Mihaw. Wh. foareh Zaskth 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

21 22 23 24 Aa ' A party’s consent does not eliminate Plaintiff's right to file an amended complaint under Fed. R. Civ. P. 26 15(a)(1). Ramirez v. Cnty. of San Bernardino,

(9th Cir, 2015) (holding a “[p]laintiff's 15(a)(2) amendment, filed first in time, cannot be construed as a waiver or exhaustion of his automatic 27 || right to amend under 15(a)(1), so long as that amendment was timely.” See also T.T. v. Cnty. of San 38 Diego, No. 319-CV-00407-AJB-AGS,

, at *3 (S.D. Cal. Jan. 31, 2020).