Kim et al v. U.S. Secretary of The Interior et al

Filing 20

STIPULATION AND ORDER to Substitute the United States of America as Defendant, signed by Magistrate Judge Sheila K. Oberto on 03/28/17. Yosemite National Park, U.S. National Park Services and U.S. Secretary of the Interior terminated.(Martin-Gill, S)

1 PHILLIP A. TALBERT
United States Attorney
2 PHILIP A. SCARBOROUGH (SBN 254934)
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL KIM, et al.,

CASE NO. 1:16-CV-01656-LJO-SKO
Plaintiffs,

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v.

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STIPULATION AND ORDER TO SUBSTITUTE
THE UNITED STATES OF AMERICA AS
DEFENDANT

U.S. SECRETARY OF THE INTERIOR, et al.,
Defendants.

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Plaintiffs Daniel Kim, Grace Kim, Hannah Kim, Francis S. Lee, and Vivian Lee, and the United

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18 States of America jointly stipulate as follows.
Plaintiffs have filed a lawsuit against the U.S. Secretary of the Interior, the U.S. National Park

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20 Service, Yosemite National Park, and Does 1-20, under the Federal Tort Claims Act (“FTCA”). See
21 ECF 1.
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However, pursuant to the FTCA, the only proper defendant is the United States of America. See

23 28 U.S.C. §§ 2674, 2679(a); see also Woods v. United States, 720 F.2d 1451, 1452 n.1 (9th Cir. 1983)
24 (“[T]he United States is the only proper defendant in an action brought under the Federal Torts Claims
25 Act.”); Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (affirming dismissal of Doe
26 defendants because “[t]he United States is the only proper defendant in an FTCA action”).
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Accordingly, Plaintiffs and the United States of America jointly stipulate that the United States

28 shall be substituted as the defendant in the place of the U.S. Secretary of the Interior, the U.S. National

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JOINT STIPULATION AND ORDER TO SUBSTITUTE THE
UNITED STATES OF AMERICA AS DEFENDANT

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1 Park Service, and Yosemite National Park, and Does 1-20 shall be dismissed from the suit.
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3 Dated: March 27, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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PHILIP A. SCARBOROUGH
Assistant United States Attorney

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Attorneys for the United States of America

8 Dated: March 27, 2017

GIRARDI KEESE

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By:
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Attorneys for Plaintiffs

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ORDER

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Pursuant to the joint stipulation between Plaintiffs and the United States (Doc. 18), the United

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15 States of America is hereby SUBSTITUTED as the sole defendant in this action in the place of the U.S.
16 Secretary of the Interior, the U.S. National Park Service, Yosemite National Park, and Does 1-20.
Accordingly, the U.S. Secretary of the Interior, the U.S. National Park Service, Yosemite

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18 National Park, and Does 1-20 are DISMISSED, and the Clerk of Court is directed to TERMINATE the
19 U.S. Secretary of the Interior, the U.S. National Park Service, Yosemite National Park, and Does 1-20.
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IT IS SO ORDERED.

22 Dated:

March 28, 2017

/s/

UNITED STATES MAGISTRATE JUDGE

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Sheila K. Oberto

JOINT STIPULATION AND ORDER TO SUBSTITUTE THE
UNITED STATES OF AMERICA AS DEFENDANT

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