Gabrielson et al v. United States Postal Service et al

Filing 61

ORDER signed by Chief Judge Morrison C. England, Jr on 6/19/13 SUBSTITUTING United States as party defendant and DISMISSING defendants Dale Marquart and United States Postal Service. United States added. Dale E Marquart and United States Postal Service terminated. (Meuleman, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 EDWARD A. OLSEN
CHI SOO KIM
3 Assistant United States Attorneys
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
Attorneys for Defendant United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TROY GABRIELSON and ALLAN T.
CASE NO. 2:09-CV-00538 MCE-CMK
9 BOWEN,
ORDER SUBSTITUTING UNITED
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Plaintiffs,
STATES AS PARTY DEFENDANT AND
DISMISSING DEFENDANTS DALE
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v.
MARQUART AND UNITED STATES
POSTAL SERVICE
12 UNITED STATES OF AMERICA,
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Defendant.

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Defendant Dale E. Marquart was certified as an employee of the United States who was acting

16 within the scope of such employment at the time of the alleged incident giving rise to the complaint, and
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so, by operation of law, is entitled to the official immunity of the Federal Tort Claims Act (“FTCA”),
28 U.S.C. §§ 2671-2680. [Dkt 1-4] The certification effected the substitution of the United States as the
proper defendant in lieu of Mr. Marquart, who should be dismissed pursuant to his official immunity.

21 28 U.S.C. § 2679(d)(1). The United States is the only proper party defendant for FTCA claims.
22 28 U.S.C. §§ 1346(b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706 (9th Cir. 1998). Therefore, the
23 United States is also substituted as Defendant in lieu of Defendant United States Postal Service.
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IT IS SO ORDERED.
DATED: June 19, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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[PROPOSED] ORDER SUBSTITUTING UNITED STATES
AS PARTY DEFENDANT AND DISMISSING DEFENDANTS
MARQUART AND UNITED STATES POSTAL SERVICE

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